Source: All England Reporter
Publisher Citation: [2010] All ER (D) 04 (Jun)
Neutral Citation: [2010] Lexis Citation 24
Court: Queen's Bench Division, Birmingham District Registry (Mercantile Court)
Judge: Judge Simon Brown QC (sitting as a deputy judge of the High Court)
Representation Andrew Mc Gee (instructed by EAD Solicitors LLP) for the claimant.
  Michael Duggan (instructed by Matthew Arnold and Baldwin) for the defendant.
Judgment Dates: 2 June 2010

Catchwords

Contract - Agency agreement - Termination of agreement - Principal terminating contract with agent due to agent's abusive words and lack of apology - Agent claiming termination unlawful - Whether abusive words capable of amounting to fundamental breach of contract - Whether agent's response amounting to apology - Whether termination lawful.

The Case

Contract Agency agreement. The Mercantile Court held that the conduct of the claimant in personally abusing the managing director of the defendant over the telephone and his avoidance of proffering an apology when given ample opportunity was a course of conduct calculated, or at very least likely to destroy or seriously damage the relationship of trust and confidence between principal and agent.

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