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13/11/2009

Claramoda Ltd v. Zoomphase

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Commercial Court

Oliver Segal (instructed by Elborne Mitchell) acted for the claimant.
 
Regulation 17(9) of the Commercial Agents (Council Directive) Regulations 1993 removes an agent's right to compensation if he has not notified his principal within one year following termination of the agency contract that he intends pursuing his entitlement. The preliminary issue in this case was whether the agency contract had terminated more than one year before the agent's notice dated 27 November 2007. There was little written evidence and most of the exchanges were oral. Simon J held on the facts that although the principal had given notice of termination in December 2005, the agent had a continuing authority to negotiate up until mid-January 2007. Accordingly the notice was in time.

[2009] EWHC 2857 (Comm)
zoomphase.pdf

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