The following Commercial Q&A provides comprehensive and up to date legal information covering:
The Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053 do not contain a specific provision regulating assignment by the principal.
Consider the provisions of the agreement and whether there is a prohibition on assignment. This could be an actual term in the written contract or implied because of the nature of the relationship between the parties and how the agency is/has been conducted. See Practice Note: Contract interpretation—terms implied by fact.
An assignment is ‘an immediate transfer of an existing proprietary right, vested or contingent from one party to another’.
Assignments can be effected either:
by consent—either by way of gift or for consideration, or
by operation of law—when they can occur during life or on death
An assignment by operation of law will t
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