Source: All England Reporter
Publisher Citation: [2002] All ER (D) 105 (Mar)
Neutral Citation: [2002] EWCA Civ 288
Court: Court of Appeal, Civil Division
Judge:

Waller, Rix LJJ and Wilson J

Representation Fergus Randolph (instructed by Bond Pearce) for the claimant.
  Pergrine Simon QC and Richard Lord (instructed by Cobbetts) for the defendant.
Judgment Dates: 8 March 2002

Catchwords

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).

The Case

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.

Practice Areas

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