Termination of agency – calculating the compensation

Challenges valuing termination of agency

Termination of Agency

Valuation of Commercial Agencies for Regulation 17

In this blog I explore the challenges when valuing the termination of agency for compensation using a recent reported case to illustrates these difficulties. Compensation is payable by a principal to a commercial agent by Regulation 17 (2) of the Commercial Agents (Council Directive) Regulations 1993 (“the Regulations”).

The Regulations define a commercial agent as a “self employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of their principal or to negotiate and conclude such transactions on behalf of and in the name of that principal”. 

In this blog I use the Software Incubator case, for which I wrote expert reports and provided oral evidence in court, to illustrates some of the difficulties in estimating the profitability of the agency before assessing the compensation due. Read More

Is the Lands Tribunal demanding more persuasive evidence?

Compensation is payable following compulsory purchase of land and businesses

Major UK infrastructure projects require compensation for compulsory purchase of land and businesses

CPO Valuation: Compensation for business losses

I recently attended Francis Taylor Building’s annual compulsory purchase legal update seminar.  Richard Glover QC chaired the afternoon seminar and presented the session on CPO valuation and business extinguishment compensation, which was a philosophical but highly thought provoking look at the Lands Tribunal’s latest business loss compensation decision, a case in which I gave evidence.   

Filling in the evidential gaps

Intriguingly he started by describing recent research by Peter Carruthers (http://tiny.cc/no-conscious-thought), a Professor of Philosophy, who concludes that judgments, decisions, intentions and goals are not tied to sensory experiences and never figure in working memory or become conscious. Professor Carruthers points out that we only ever recognise our decision-making from what does become conscious, such as visual imagery and the words we hear ourselves say in our heads.  As such, Carruthers concludes that conscious thought, judgment and volition are all illusions.

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