The Commercial Agents (Council Directive) Regulations 1993 (“the Regulations”) cover the relationship between sales agents and principals and the rights and obligations of those parties offering some protections to “commercial agents”.
Maitland Walker can advise sales agents and principals on all aspects of commercial agency law, from negotiating and drafting contracts to rights and remedies when things go wrong and disputes arise. If a dispute has arisen, we have an experienced team of litigators - ranked in the Legal 500 - who are able to resolve commercial agency disputes cost-effectively.
We can assist with all types of commercial agency disputes:
A breach of the agency agreement
Misuse of intellectual property
Termination of the agency agreement including drafting notices to terminate, checking and advising on a principal’s liability to pay out compensation under the Regulations and disputes about the amount of compensation payable
Non-disclosure of true sales figures
Breaching an exclusivity clause
It is critical for agents and principals to take advice on their position as early as possible to ensure that they are not prejudiced.
Our Litigation & Dispute Resolution team give practical and strategic advice that understands your business and takes account of the commercial realities.
We will guide the dispute to the appropriate resolution whether that is achieved through negotiation, through mediation or some other form of alternative dispute resolution or by a decision of the court if that is necessary.
Our Corporate & Commercial team can also assist to prepare robust agreements for your business that reduces the risk of future disputes.
I have worked with Julian Maitland-Walker and Sheree-Ann Virgin. Both appear to me to be excellent practitioners who understand the needs of their client and ensure that the litigation is conducted in a way that meets those needs. They are both extremely pleasant to deal with. They are intelligent and thoughtful individuals with good commercial instincts.
Sheree-Ann Virgin is fantastic to work with. She takes a very collaborative approach and is not at all adverse to rolling up her sleeves and getting stuck into the weeds of the case.
In my experience, Maitland Walker’s key strength lies in representing clients in commercial litigation who may not be familiar with the litigation process and ensuring that it is demystified such that the client can pursue the matter efficiently and effectively.
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