Source: All England Reporter
Publisher Citation: [2009] All ER (D) 40 (Jul)
Neutral Citation: [2009] EWCA Civ 700
Court: Court of Appeal, Civil Division
Judge:

Laws, Longmore and Lloyd LJJ
Representation James Stuart (instructed by Baskin Rose) for the claimant.
  John Kimbell (instructed by Pritchard Englefield) for the defendant.
Judgment Dates: 3 July 2009

Catchwords

Agent - Commercial agent - Meaning - Claimant English retailer selling German defendant's jewellery - Relationship between parties - Whether claimant acting as defendant's commercial agent - Construction of European Directive - Commercial Agents (Council Directive) Regulations 1993, , art 2(1) - Council Directive (EEC) 86/653.

The Case

Agent Commercial agent. Court of Appeal, Civil Division: Agents with authority to contract, as opposed to authority to negotiate, were only commercial agents for the purpose of Council Directive (EEC) 86-653 (on the coordination of the laws of the Member States relating to self-employed commercial agents) if they had authority to contract, and did contract, in the name of the principal as well as on is behalf. Whilst in English law, it was possible for a principal to authorise an agent to make a contract on behalf of the principal but in the name of the agent rather than in the name of the principle, agents who contracted in that way did not come within the definition of commercial agents.

Practice Areas

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