The following Commercial guidance note provides comprehensive and up to date legal information covering:
As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see: Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.
Agency is a relationship under which a principal appoints an agent to act under their direction and on their behalf for specified purposes. In business, such purposes are commonly the introduction or conclusion of contracts between the principal and customers or other third parties. The term ‘agent’ is sometimes used loosely in business and may refer to those, eg distributors, whose activities are similar to those of agents but who are not agents in law.
In commercial matters, the parties will normally have a written agreement that sets out:
the scope of the agent's authority
the parties' rights and duties
under what circumstances and with what consequences the agency can be terminated
general commercial provisions, and
where relevant, provisions required by or relevant to the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (the Commercial Agents Regulations); see Practice Note: Commercial agency
For a Precedent that can be adapted as necessary,
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