Commercial agency compensation
The firm has advised on many compensation claims following the termination of commercial agency agreements, and occasionally when termination was only being contemplated. Apart from the following two reported cases, all our cases have settled by negotiation, at mediation or at arbitration, thereby saving professional costs and allowing the parties to return to concentrate on their businesses.
To see some client testimonials following commercial agency compensation negotiations, please click here.
One of the firm’s expert witnesses has given oral evidence in confidential arbitrations and in the following two reported cases:
The Software Incubator Ltd v Computer Associates UK Ltd  EWHC 1587 (QB)
Our expert was appointed by solicitors acting for the agent to quantify the compensation due under Regulation 17 of The Commercial Agents (Council Directive) Regulations 1993 following the termination of the agency agreement. At the hearing both experts gave evidence concerning the expected maintainable level of earnings at the valuation date and the appropriate multiplier for the quantification of compensation.
The case is particularly important as it concerned the sale of software, while the Regulations are only concerned with the sale of goods. As a result on 28 March 2019 the Supreme Court decided to refer two questions as to the meaning of “goods” in the Directive to the CJEU.
Berry v Laytons & Anor  ECC 34,  EWHC 1591 (QB)
This case addressed the compensation that should have been paid to the agent, but for the solicitor’s alleged negligence. The case highlighted the risk of professional negligence when advising on this specialist areas. Charles was appointed by the defendants and both experts gave evidence concerning the level of earnings at the valuation date and the appropriate multiplier for the quantification of compensation.
Charles Lazarevic is the author of the chapter on the quantification of compensation aspects in Susan Singleton’s book: Commercial Agency Agreements Law and Practice (4th Edition, 2015).
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