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Guide to the Commercial Agents' Regulations
By
Fergus Randolph and Jonathan Davey
Description
The Directive on self employed
commercial agents and the UK Regulations springing from it,have
resulted in a large amount of case law since the First Edition of
this work was prepared.
As Jonathan Davey and Fergus Randolph
predicted in their First Edition, much of this case law is
unsatisfactory or self contradictory. They have attempted, in this
Second Edition, to draw the consistent threads out of the case law to
date and to predict the likely approach of the courts, both at UK and
EU level, to those issues which still remain undecided. The approach
adopted in the First Edition, of tackling difficult issues head on
and suggesting practical answers to practitioners, has been carried
through into the Second Edition.
As well as including references to all
the relevant cases in the text, the work now includes chapters
dealing specifically with the French and German law in this area,
given that many judges have shown themselves willing to take into
account the approach in other member states in applying the
Regulations, and given the uncertainty which has clearly reigned in
many of those cases on exactly what French or German law says on the
subject concerned.
Finally, there is a checklist of cases
to date known to the authors, both published and unpublished. This
may be of particular value to practitioners given that many of the
cases in this area are unreported County Court decisions.
The book includes detailed comment on
the key cases of Tamarind, King v Tunnock and the Court of Justice
decision in Ingmar v Eaton Leonard.
Fergus Randolph practices as a
Barrister specialising in EU law from Brick Court Chambers and is
based in Brussels.
Jonathan Davey is a partner in the
Trade & Regulatory Department at Addleshaw Booth & Co.
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