Andrew Marsden
The Commercial Agents: Case and Statute Citator 2025, compiled by barrister Andrew Marsden, is a practical legal guide for professionals dealing with commercial agency law in the UK. It focuses on the Commercial Agents (Council Directive) Regulations 1993, which implement EU Directive 86/653/EEC. Although the UK has left the EU, these rules remain part of retained UK law. The publication summarises legislation, landmark cases, and European judgments that define the rights and duties of agents and principals.
Key Points on Commercial Agents Law
A commercial agent is defined as a self-employed person who negotiates or concludes the sale or purchase of goods on behalf of a principal. The term does not include employees, distributors, or sub-agents, but can cover those who deal in software or intangible products. Both the agent and principal must act in good faith. Agents are required to promote the principal’s interests, while principals must supply information, documentation, and pay commissions on time.
Restrictive covenants in agency agreements are valid only if they are written, limited to a set area or client base, and last no longer than two years after termination. Agents are entitled to reasonable or customary remuneration and may receive commission on deals made during or shortly after the agency ends, depending on their contribution.
The guide also explains the rules for ending agency contracts. Minimum notice periods apply, and immediate termination is allowed only for serious breaches. When an agency ends, the agent may claim either indemnity or compensation. These payments reflect the goodwill or commercial value created for the principal. Leading cases such as Lonsdale v Howard & Hallam Ltd (2007) and Alan Ramsay Sales & Marketing Ltd v Typhoo Tea Ltd (2016) shape how these awards are calculated. The citator offers an essential overview for lawyers and businesses managing commercial agent relationships.
You can access the comprehensive guide to the law in this area at: