||All England Reporter
|| All ER (D) 105 (Mar)
|| EWCA Civ 288
||Court of Appeal, Civil Division
Waller, Rix LJJ and Wilson J
||Fergus Randolph (instructed by Bond Pearce) for the claimant.
||Pergrine Simon QC and Richard Lord (instructed by Cobbetts) for the defendant.
||8 March 2002
Agent - Commercial agent - Meaning - Claimant applying mark-up on price of goods received from defendant prior to passing goods on to third parties - Whether claimant acting as defendant's commercial agent - Commercial Agents (Council Directive) Regulations 1993, reg 2(1).
Despite the fact that a claimant applied a mark-up in passing on to third parties products of the defendant's, the relationship between the claimant and the defendant was one of commercial agency, within reg2(1) of the Commercial Agents (Council Directive) Regulations 1993, since there was underlying documentation stating as such which overwhelmed the significance of the mark-up.
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