In the coming months, contractors may consider terminating their agency contracts in the EU due to the prospect of the UK leaving the EU and concerns about the global economy. We regularly advise clients and agents on all aspects of the uk commercial agency`s law, including claims that may arise upon termination. Q Question: I have been working in the UK for 10 years as a British agent for a leading Italian company. We have signed an agency agreement which is subject to Italian law. This company was bought by someone else when my agency contract and my relationship have not yet been concluded. The new company asked me to sign a new agency agreement on the same products and the same region, but under different conditions. For example, they would not grant regional pre-emption privileges and set new sales targets to achieve the annual renewal of the agency contract. Can I refuse the new contract? If I terminated the agency contract, would I be compensated? Finally, while Moore-Bick L.J.`s scope should provide security, at least in terms of how compensation should be calculated, Lonsdale is welcome and may, in many cases, encourage comparisons.42 If the client insists on compensation rather than compensation, this raises the question of whether the client can be characterized as a breach of his obligation of loyalty. To say that it was would mean that the Court of Justice could rewrite the de facto agency contract, which would be unthinkable. An agent is entitled to notice of termination if his agency is terminated, unless the client can prove that the agent has in principle violated the agency contract. Notice is also payable if an agency agreement reaches the end of a fixed term or if the agent retires or dies. It is accepted that the source of income that the agent would have received in the future should be calculated as if the relationship between the agent and the client should be continued.
However, the duration of the persistence of relations between the two parties remains uncertain. EE submitted that the Agency should be evaluated against the length of its notice because the awarding entity can legally terminate the contract. However, the existing case law, which provided that an agency`s assessment should be based on the continuation of the agency relationship, has not yet been recognized, regardless of possible termination provisions.