Source: All England Reporter
Publisher Citation: [2012] All ER (D) 339 (Oct)
Neutral Citation: [2012] EWCA Civ 1400
Court: Court of Appeal, Civil Division

Mummery, Hughes LJJ and Bean J

Representation Oliver Segal QC (instructed by Morgan Cole LLP) for the claimant.
  Fergus Randolph QC and Max Schaefer (instructed by Field Fisher Waterhouse LLP) for the defendant.
Judgment Dates: 30 October 2012


Agent - Commercial agent - Termination of agency - Claimant being appointed agent for distribution of defendant's products - Employee of claimant posting 'joke' article on website - Defendant considering posting amounting to fundamental breach of contract justifying termination - Claimant seeking compensation for wrongful termination of agency contract - Judge finding posting amounting to breach insufficient to justify immediate termination - Defendant appealing - Whether judge erring - Commercial Agents Regulations 1993, , .

The Case

Agent Commercial agent. The Court of Appeal, Civil Division, held that when considering a breach of an agency contract for the purposes of determining whether such a breach had amounted to a right to immediate termination, the question was whether the breach went to the root of the agency relationship. A breach of reg3 of the Commercial Agents (Council Directive) Regulations 1993, SI1993-3053 had not given rise to an automatic right to terminate.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.