Our solicitors will give you pragmatic, commercial advice on your position and the solutions that may be available to you.
About Agency Disputes
There are many different types of agency. Many, but not all, forms of agency are defined under and regulated by the Commercial Agents (Council Directive) Regulations 1993. Those that are will be governed by legislative framework, which determines the contractual relationship between principal and agent, including the rules and duties of each party, remuneration of the agent and the requisite periods of notice to terminate the agency relationship.
The regulations also provide terms on the payment of compensation and indemnity should a contract be terminated. It is this area where most disputes arise, which is why it is vital to know how to set that relationship up properly and how to handle things when they break down.
We advise both principals and agents on all aspects of the Regulations, including the preparation of technically sound agency agreements, advice on strategically terminating an agency contract and guidance on what to do before and after a termination. For principals, it is about understanding what is required of you and minimising any potential exposure, while agents should ensure that all matters are dealt with fairly and suitable recompense is awarded at the end of the contract or relationship.
Our commercial litigation solicitors have many years’ experience in all aspects of agency law and are committed to helping clients achieve an early and amicable resolution to any disputes. Together we will explore your options, including alternative dispute resolution – such as mediation – and work to fulfill your needs and objectives.
The team has experience in the following areas:
- Determining both an agent’s and a principal’s position under the Commercial Agents (Council Directive) Regulations 1993
- Checking a principal’s liability to pay out compensation or an indemnity, including how much should be paid
- Advising on cross-border agency relationships, for example, whether regulations apply and where jurisdiction lies
- Judging an agent’s conduct and deciding whether an immediate termination is justified
- Drawing up notices to properly and lawfully terminate an agency relationship
- Drafting watertight, effective agency agreements at the outset of the agency relationship that protect the rights and obligations of the agent and the other principals
At Lupton Fawcett, you can be assured your business matters are in good hands as, with over 100 years of experience, we know that the best legal advice is honest, pragmatic and gets you the best possible results.
How to Avoid Agency Disputes
In most cases, avoidance is better than dealing with disputes. The starting point is a well-drafted agreement, which sets out the roles, duties and expectations of both the agent and the principal, as well as setting out mechanisms for termination, and what must, or must not, happen after termination.
Our team can provide advice from the very start of your relationship with an agency through to termination and beyond.
Contact Us for Help
We provide advice on a wide range of legal issues to clients around Yorkshire and beyond from our office in Leeds, York and Sheffield. For an initial discussion about your case, contact one of our specialist solicitors today by using the form on this page.