Cooper & Ors v Pure Fishing (UK) Ltd

Cooper & Ors v Pure Fishing (UK) Ltd

A principal does not 'terminate' an agency contract within the meaning of Regulation 18(a) by simply allowing a fixed-term contract to expire by effluxion of time; compensation under Regulation 17 is not excluded in such circumstances unless the principal takes unilateral action to terminate due to the agent's default.

Parties
Claimant/respondent: Steve Cooper; Claimant/respondent: Ian Watkins; Claimant/respondent: Andrew Bartle; Defendant/appellant: Pure Fishing (UK) Limited (formerly Outdoor Technology Group (UK) Limited)
Jurisdiction
England and Wales
Judgment Date
18 March 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division, Manchester District Registry) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Commercial Agents, Termination of Agency Contracts, Compensation Under Commercial Agents Regulations, Interpretation of Regulations 17 and 18
Commercial Law Agency Law Commercial Agents Termination of Agency Contracts Compensation Under Commercial Agents Regulations Interpretation of Regulations 17 and 18

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Parties

Steve Cooper

Claimant/respondent

Ian Watkins

Claimant/respondent

Andrew Bartle

Claimant/respondent

Pure Fishing (UK) Limited (formerly Outdoor Technology Group (UK) Limited)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division, Manchester District Registry) to Court of Appeal

Legal Issues

  1. 1 Whether a principal has 'terminated' an agency contract under Regulation 18(a) by not renewing a fixed-term contract that expires by effluxion of time
  2. 2 Whether compensation under Regulation 17 is excluded in such circumstances

Ratio Decidendi

A principal does not 'terminate' an agency contract within the meaning of Regulation 18(a) by simply allowing a fixed-term contract to expire by effluxion of time; compensation under Regulation 17 is not excluded in such circumstances unless the principal takes unilateral action to terminate due to the agent's default.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs summarily assessed in the sum of £29,000 inclusive of VAT
  • Application to amend the grounds of appeal allowed in relation to paragraphs 1 and 2