Ruling highlights gap in the law on software – OUT-LAW.com
‘A recent ruling by the Court of Appeal in London highlights a gap in the law on software, and should prompt a change in UK legislation.’
OUT-LAW.com, 27th March 2018
Source: www.out-law.com
Category: commercial agents
The FA v Cellino – Behind the headlines – Sports Law Bulletin from Blackstone Chambers
‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’
Sports Law Bulletin from Blackstone Chambers, 6th November 2017
Source: www.sportslawbulletin.org
Software can be considered as ‘goods’ for the purpose of commercial agent regulations, says High Court – OUT-LAW.com
‘Software suppliers can be forced to pay damages to self-employed intermediaries they contract with to promote their products under UK commercial agents regulations, according to a recent High Court ruling.’
OUT-LAW.com, 15th July 2016
Source: www.out-law.com
Commercial agency: where the principal cannot have his cake and eat it too – Technology Law Update
‘On termination of a commercial agency agreement the agent is normally entitled to either an indemnity or compensation. This is a lump sum payment to reward the agent for the goodwill it has developed for the principal. They can agree by contract which option they prefer. But in the absence of agreement, the agent is entitled to compensation.’
Technology Law Update, 16th November 2015
Source: www.technology-law-blog.co.uk
High Court: Commercial Agents Regulations could not override contractual choice of law – OUT-LAW.com
‘Mandatory rules governing the relationship between commercial agents and their principals in respect of the agent’s UK activities cannot override a valid jurisdiction and choice of law clause, the High Court has ruled.’
OUT-LAW.com, 10th September 2014
Source: www.out-law.com
Sentencing in Serious and Complex Frauds – Dyers Chambers
“Giles Bedloe, who acted as junior counsel in SFO v Williams reviews the recent statements of the Court of Appeal in Attorney General’s Reference Nos. 7 & 8 of 2012 and R v Levene [2013] EWCA 709.”
Full story (PDF)
Dyers Chambers, 11th July 2013
Source: www.dyerschambers.com
Rossetti Marketing Ltd v Diamond Sofa Co Ltd – WLR Daily
Rossetti Marketing Ltd v Diamond Sofa Co Ltd [2011] EWHC 2482 (QB); [2011] WLR (D) 287
“Whether a party was a commercial agent within the meaning of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the member states relating to self-employed commercial agents or the Commercial Agents (Council Directive) Regulations 1993 was to be determined by reference to the terms and context of the agreement at the date it was concluded. The non-derogable obligations of a commercial agent under article 3(1) of the Directive and regulation 3(1) of the 1993 Regulations, to look after the interests of the principal and to act dutifully and in good faith, were not to be imported into the definition of ‘commercial agent’ so that an agent acting for multiple principles did not fall within it.”
WLR Daily, 3rd October 2011
Source: www.iclr.co.uk
Chevassus-Marche (Heirs of) v Groupe Danone and others – WLR Daily
Chevassus-Marche (Heirs of) v Groupe Danone and others (Case C-19/07); WLR (D) 5
“On the proper interpretation of art 7(2) (first indent) of Council Directive 86/653 on self-employed commercial agents, a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.”
WLR Daily, 21st January 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Chevassus-Marche (Heirs of) v Groupe Danone and others – WLR Daily
Chevassus-Marche (Heirs of) v Groupe Danone and others (Case C-19/07) [2008] WLR (D) 2
“On the proper interpretation of art 7(2) (first indent) of Directive 86/653 on self-employed commercial agents, a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.
The First Chamber of the Court of Justice of the European Communities so ruled on a reference for a preliminary ruling by the Cour de cassation, France.”
WLR Daily, 18th January 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
