Q&As

In relation to the Commercial Agents (Council Directive) Regulations 1993, how would a commercial agent enforce its rights under regulation 12, for the principal to release the books? Is there any guidance as to the interpretation of 'devotes substantially the whole of his time' under Schedule 3(c)?

read titleRead full title
Published on LexisPSL on 29/06/2016

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • In relation to the Commercial Agents (Council Directive) Regulations 1993, how would a commercial agent enforce its rights under regulation 12, for the principal to release the books? Is there any guidance as to the interpretation of 'devotes substantially the whole of his time' under Schedule 3(c)?
  • Enforcing rights
  • Secondary activities of commercial agents

Enforcing rights

Under the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053, reg 12(1) states: 'The principal shall supply his commercial agent with a statement of the commission due, not later than the last day of the month following the quarter in which the commission has become due, and such statement shall set out the main components used in calculating the amount of the commission'.

The regulations provide that the agent should 'demand that he be provided with all the information…' (SI 1993/3053, reg 12(2)).

The normal remedy for default is damages for breach of contract. However, as no loss is likely to be sustained this remedy would be inappropriate. For further information, see Practice Note: Relationship of principal and agent—Remedies for default.

Specific performance would be a more appropriate remedy and is ordered at the court’s discretion where damages do not afford a complete remedy. For further information,

Related documents:

Popular documents