Commercial agent still had authority to negotiate even after no longer taking...
In this case, the agent represented a clothing supplier when making sales to shops. From 1998, the agent was the supplier’s exclusive agent in the UK and Ireland. The agency terminated between October...
View ArticleHigh Court gives wide interpretation to the meaning of employee compensation...
Under the Patents Act 1977, patents made by employees usually belong to their employer. However, where an invention which receives patent protection is of outstanding benefit to the employer, the...
View ArticleFormula One team breached contract for failing to allow driver to test drive...
Van der Garde was a racing driver. Under an agreement, he had paid Force India US$3m to test drive their car in the 2007 Grand Prix season for a minimum of 6,000 kilometres. Subject to holding a valid...
View ArticleAgent entitled to indemnity even if serious breach discovered after...
Under the European Union’s Commercial Agents Directive, agents are entitled to be indemnified or compensated on termination of their agency agreements, except in some limited situations such as when...
View ArticleEmployee rights to share of outstanding patent benefits should relate to...
Ian Shanks, a professor working for Unilever, invented a device for which the corporate giant obtained worldwide patents, which were licensed for use in home kits for diagnosing diabetes. As Mr Shanks...
View ArticleHacker ordered to pay £20,000
A computer hacker has been ordered to pay £20,000 in fines, costs and compensation after he hacked into a number of student accounts at London University’s School of Oriental and African Studies. He...
View ArticleLimits on employment tribunal awards will increase in February
Now that the Christmas tree and decorations have been packed away and the overindulgence of food and drink is over for another year, it’s back to business in the employment arena. From 1 February 2011,...
View ArticleSome important employment law decisions to look out for in 2011
There are a number of important decisions awaited by employment lawyers, which are due for hearing in the Supreme Court during the next few months. 1. TUPE On 13 April 2011, the Supreme Court will...
View ArticleTransfer of agency agreement needs novation in order for assignee to be able...
B was an agent for various clothing manufacturers and agreed to be H’s agent. B invoiced for its commission in its own name. Later, B started to invoice in the name of F, another fashion agency. H...
View ArticleGovernment announces further review of employment law
On 11 May, the Government announced that it will extend its ongoing review of employment law. This forms part of the Government’s current review of employment red tape. The areas under consideration...
View ArticleAgent can act for competing principals under Commercial Agents Regulations –...
S had been appointed as Diamond’s agent for the sale of Diamond’s leather upholstery products in the UK and Ireland. Four years later, S transferred its business to Rossetti. Shortly after the...
View ArticleCourt of Appeal leaves more questions raised than answers over confused...
Rossetti Marketing v Diamond Sofa, Court of Appeal SML was agent for various Asian furniture manufacturers in the UK. It became agent for Diamond when it was already representing Linkwise and Artpeak,...
View ArticleGovernment announces further employment law reforms
Government announces further employment law reforms On 14 September 2012, the Government published details of the next step of its on-going employment law reform agenda, which is says “comes in...
View ArticleWhat changes are happening to employment law in 2013?
2013 is expected to be a very busy year, with a number of legislative changes taking place that will affect employment law. Over the next 12 months, the Government is also expected to consult on a...
View ArticleWhat’s changing to employment law in the first half of 2013?
A number of changes to employment law have already taken place, or will be taking place, in the first half of 2013. February 2013 1. Tribunal compensation limits will increase Under the Employment...
View ArticleCourt rules that highway authority can block property owner’s access to the...
In Cusack v London Borough of Harrow [2013] UKSC 40, the Supreme Court has held that a council was entitled to block a property owner’s vehicular access from a parking space at the front of a house to...
View ArticleEuropean Commission to review Commercial Agents Directive
The European Commission has said that it will review and evaluate the Commercial Agents Directive. Its evaluation will consider whether the Directive is fit for purpose. It will look at whether to...
View ArticleHigh Court provides guidance on when a business is a commercial agent
In Invicta UK v International Brands, the High Court has held that an agent can be a “commercial agent” even if the sales agent does not negotiate sales, but only procures transactions and acquires...
View ArticleAgents can’t have worst of both worlds in indemnity/compensation
Shearman v Hunter Boot, High Court The parties entered into an agreement under which Shearman was appointed as Hunter Boot’s commercial agent. Under the Commercial Agents Regulations, which were...
View ArticleLimits on employment tribunal awards will increase on 6 April 2014
The Employment Rights (Increase of Limits) Order 2014 has been laid before Parliament and will increase the compensation limits for some employment tribunal awards and other statutory payments from 6...
View ArticleHigh Court nominal award for data protection breach allows bigger claim for...
AB v MoJ, High Court The High Court has awarded nominal damages of £1 in a claim for breach of rights under the Data Protection Act. The award opened a claim for a much bigger amount – over £2,000 –...
View ArticleNew compensation limits in force from April 2015
The Employment Rights (Increase of Limits) Order 2015 will revise compensation limits for certain employment tribunal awards and other statutory payments from 6 April 2015. In cases involving...
View ArticleSeverability rescues unclear indemnity/compensation clause in agency case
Brand Studio Ltd v St John Knits, Inc, High Court This case involved the appointment of a commercial agent. In the agreement, the clause stated that indemnity would apply rather than compensation on...
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