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Commercial Agency

Commercial Agency

Our experienced Commercial Agency Barristers are experts in all aspects of commercial agency law as it applies in business relationships. They are regularly asked to advise in contentious and non-contentious commercial agency cases, and have sound knowledge of the specialist tribunals and courts that they appear before.

Agency Law

Agency law regulates the relationship between a person, the principal and another, the agent, who acts on the principal’s behalf in negotiating and completing commercial agreements with third parties. Usually the actions of the agent are as if the principal had acted in the same way so that the conduct of the agent is legally binding on the principal.

Whether you are a principal; agent; or commercial agency solicitor, Mercantile Barristers’ Commercial Agency barristers have expertise in providing practical, commercial advice and representation on all aspects of commercial agency relationships.

Commercial Agents Regulations 1993

The Commercial Agents (Council Directive) Regulations 1993 regulate the commercial relationship between agents and principals. The 1993 Regulations govern the relationship between an agent and their principal when goods, rather than services, are sold. The 1993 Regulations also address the following:

  • Agent’s Duties
  • Notice of Termination
  • Pay and Commission
  • Principal’s Duties
  • Restraint of Trade
Mercantile Barristers have expertise in providing advice to agents and principals in Commercial Agents Regulations disputes. Our barristers are able to assist by providing advice to agents on their rights upon the termination of an agency agreement; or principals on the efficacy of restraint of trade clauses.

Commercial Agency Legal Services

Before appointing an agent, both agents and principals must consider the advantages and disadvantages of this type of relationship. Following the 1993 Regulations, there are legal formalities to adhere to and this is set out in a properly drafted commercial agency agreement. In addition to advising on agency agreements, our experienced commercial agency barristers can assist with a number of aspects of commercial agency matters including:

  • Agent’s Duties
  • Agent’s Employment Status
  • Confidential Information
  • Commercial Agency Disputes
  • Drafting Commercial Agency Contracts
  • Hidden Commissions
  • Indemnity Claims
  • Notice of Termination
  • Pay and Commission
  • Principal’s Duties
  • Restraint of Trade

Mercantile Barristers have expertise in providing advice and representation in commercial agency disputes to principals and agents, whether they are businesses or individuals. We have particular experience in advising principals on the merits of entering into agency relationships and subsequently the duties of a principal and drafting commercial agency agreements. We also have experience in representing agents on their commissions fees and duties. If you require advice and support contact our Commercial Agency Barristers today by filling in our Enquiry Form; emailing us at enquiries@mercantilebarristers.com; or by telephone on 0203 034 0077 and we would be happy to assist.

How Our Process Works

Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first.  The process is just as straightforward. Here’s how the process works:
You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with  you to make the arrangements to advance your case.

You can call, email, or fill out an enquiry form to tell us about your case. One of our specialist clerks will speak with you to make the arrangements to advance your case.

Our specialist clerk will match you with the barrister with the expertise to deal with all aspects of your case. They will also obtain and organise the papers the barrister will have to consider in your case.

Our clerk will agree the fee for your consultation with the barrister beforehand. The clerk will then arrange a convenient time for you to have the consultation by video call, telephone or in person.

In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective. 

FAQs

Here are some of our FAQs which you may find of assistance. If not we are happt to talk, call now on 020 30340077

If a breach of contract has been made in the public’s best interest, this cannot be prevented or a break in a contract enforced. However, other breaches in the contract are enforceable under UK law.
If a breach of contract has been made in the public’s best interest, this cannot be prevented or a break in a contract enforced. However, other breaches in the contract are enforceable under UK law.
A significant difference between the two is whom they are speaking to. Typically, confidentiality agreements are between and business and an employee, whereas NDA’s are usually used when dealing with an external third party.
Yes, they are a legal agreement that binds a party to ensure they do not share, leak, or disclose any confidential information highlighted in the agreement. An NDA is a more particular type of confidentiality agreement which can include external third parties.
This will vary depending on the nature of your business and the information you wish to protect.

Fill in the form below and one of our specialist clerks will get in touch.