‘Commercial Agency – A Practical and Legal Guide’ by Oliver Segal KC & Ben Griffin


Paperback: 978-1-913715-64-9
Published: February 2021
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This book is written by the leading barrister and one of the leading solicitors in the field of the Commercial Agents (Council Directive) Regulations 1993 (the “Regulations”). But it is not a book written only for lawyers. The intention is to provide practical analysis and advice to agents, principals and their representatives (non-legal and legal) on the key questions that arise between them – during an agency relationship and following its conclusion.

When do the Regulations apply? What rights and obligations do the parties have during the agency? What sort of (mis-)conduct entitles the other party to terminate for cause? How can an agent or principal vary the terms of the agency without ending it? When is an agent entitled to an indemnity or compensation following termination? How does one calculate the value of that indemnity or compensation?

These are questions that regularly concern agents and principals, to which they and their representatives need clear answers. This book provides those answers.


Oliver Segal KChttps://oldsquare.co.uk/people/oliver-segal-kc/

Oliver specialises in all fields of employment and discrimination law and in commercial agency law.

Within employment law he has particular specialist experience in: collective disputes (including industrial action, union recognition, TUPE and collective agreement cases); breach of contract claims (including restrictive covenants, PHI and negligent reference cases); and equal pay claims.

Oliver is the leading barrister within the field of commercial agency law; he acts for both agents and principals and has appeared in several of the most important cases, including the House of Lords case of Lonsdale v. Howard & Hallam. Other commercial agency cases include Software Incubator Ltd v Computer Associates Ltd (reference from Supreme Court to CJEU; CJEU hearing 2020); Pluczenik Diamond Co NV v W Nagel (A Firm) (2018) [2018] EWCA Civ 2640; Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd (2016) [2016] EWHC 486 (COMM); Brand Studio Ltd v St John Knits Inc (2015) [2015] EWHC 3143 (QB); Charles Shearman (t/a Charles Shearman Agencies) v Hunter Boot Ltd (2014) [2014] EWHC 47 (QB); Crocs Europe BV v Craig Lee Anderson & Anor (t/a Spectrum Agencies (a partnership)) (2012) [2012] EWCA CIV 1400.

The directories say:

“He’s an extremely good advocate.” “He’s spectacular in industrial action cases and extremely reliable. An enormous brain on legs.” – Chambers & Partners 2021

“He understands the motivations and objectives of clients and that is very important. Oliver combines his extensive knowledge with a tenacious drive for a fair and just outcome. He is our go-to silk for industrial action.” – The Legal 500 2021

Oliver is “exceptionally knowledgeable in his field, very client-focused,…very bright, and a great advocate.” – Chambers & Partners 2019.

Ben Griffinhttps://dwfgroup.com/en/people/b/ben-griffin

Ben is a Legal Director at DWF Law LLP, a global legal business. Ben specialises in complex, high-value, cross-jurisdictional litigation and arbitration, with a particular focus on Russia and the CIS. He has also developed a practice in commercial agency law.

The directories say:

“Ben Griffin is noted for his expertise in commercial agency disputes, and he has ‘a deep knowledge and understanding of the case law in this field. – Legal 500 2019

Ben Griffin is a “sharp and smart litigator” – Legal 500 2021.

“Ben Griffin is focused, easy to work with and has excellent judgment as to where to focus on in a case.” – Legal 500 2021.

“Ben Griffin has a growing reputation for his commercial litigation practice, which includes frequently acting for foreign nationals and high net worth individuals from Russia and the CIS. “Ben adds real value to any dispute,” says a source, adding: “He is very committed to his clients, commercial in his approach, very thorough and strong on the law.” – Chambers & Partners 2021


Chapter 1: Introduction
Chapter 2A: What Is a Commercial Agent? A Practical Guide
Chapter 2B: What Is a Commercial Agent? Legal Guide – Regulation 2
Chapter 3: Applicable Law and Jurisdiction – The Territorial Application of the Regulations – Practical and Legal Guide Regulations 1(2) and 1(3)
Chapter 4A: Rights and Obligations of Agent and Principal During the Agency – Practical Guide
Chapter 4B: Rights and Obligations of Agent and Principal During the Agency – Legal Guide – Regulations 3, 4, 5, 6, 7, 9, 10, 11 and 12
Chapter 5A: Varying the Agency Contract – Practical Guide to the Opportunities and Restrictions on Varying the Terms of the Agency: Commission, Territory, Products, Etc.
Chapter 5B: Varying the Agency Contract – Legal Guide
Chapter 6A: Termination of the Agency – Practical Guide
Chapter 6B: Termination of the Agency – Legal Guide Regulations 15, 16 and 18
Chapter 7A: Payments Following Termination of the Agency – Practical Guide
Chapter 7B: Payments Following Termination of the Agency – Legal Guide – Regulations 8 and 17