Relationship of commercial agent and principal

Copyright © 2025 LexisNexis
Produced in partnership with Ben Griffin of DWF LLP
Practice notes

Relationship of commercial agent and principal

Copyright © 2025 LexisNexis

Produced in partnership with Ben Griffin of DWF LLP

Practice notes
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This Practice Note explains the relationship between a commercial agent and a principal as provided by the Commercial Agents (Council Directive) Regulations 1993, SI 1993/3053 (the Commercial Agents Regulations). For guidance on the application of the Commercial Agents Regulations, see Practice Note: Commercial Agency.

Background

The Commercial Agents Regulations came into force on 1 January 1994 and implemented Council Directive 86/653/EEC (OJ L 382/17), the EU Commercial Agents Directive. While the Commercial Agents Regulations derive from EU law, they were retained under the European Union (Withdrawal) Act 2018 (as amended) from 11 pm on 31 December 2020 (IP completion day). They have not been repealed by the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) and from 1 January 2024 are considered assimilated law in the UK. For more information, see Practice Notes: Introduction to the Retained EU Law (Revocation and Reform) Act 2023 and Assimilated law. For more information on the EU Commercial Agents Directive, see Practice Note: The EU Commercial Agents Directive.

This Practice Note includes references to EU case law,

Ben Griffin
Ben Griffin

Solicitor, DWF LLP

Ben's work comprises a mixture of international and domestic litigation and arbitration, and his practice spans disputes arising from commercial fraud, contract law, banking and finance, corporate and shareholder matters and IT contracts. He works across numerous sectors, including IT and telecoms, energy and natural resources, financial services, aerospace, engineering, road transport and logistics, retail, healthcare and food and hospitality.

He has substantial experience of various dispute resolution processes and has worked on disputes in the English High Court, Court of Appeal and Supreme Court as well as in arbitrations under various institutional rules (most commonly the LCIA). He also has experience of working on applications for interim relief, such as freezing injunctions and security for costs.

Ben is an expert on the application of the Commercial Agents (Council Directive) Regulations 1993, with a leading legal directory stating that "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." Ben has co-authored a textbook on commercial agency with Oliver Segal KC (‘Commercial Agency – A Practical and Legal Guide’ by Oliver Segal QC & Ben Griffin – Law Brief Publishing).  

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Agency definition
What does Agency mean?

Agency is a legal relationship between an agent who is a person having the authority or capacity to create legal relations between a principal and third parties.

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