Crane v Sky In-Home Service Ltd & Anor

Crane v Sky In-Home Service Ltd & Anor

Mr Crane's activities under COPA were secondary within the meaning of the Schedule to the Regulations, and even if not, his agency was terminated because of default attributable to him, justifying immediate termination under reg 18(a).

Parties
Claimant: John Harold Crane; 1st Defendant: Sky In-Home Service Limited; 2nd Defendant: The Secretary of State for Trade and Industry
Jurisdiction
England and Wales
Judgment Date
26 January 2007
Procedural Posture
Civil / Judgment on Liability
Outcome
Claim dismissed
Legal Topics
Commercial Agents, Compensation and Indemnity, Ultra Vires, Termination of Agency, Secondary Activities

Case Brief

Summary, issues, holding and outcome

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Parties

John Harold Crane

Claimant

Sky In-Home Service Limited

1st Defendant

The Secretary of State for Trade and Industry

2nd Defendant

Procedural Posture

Civil / Judgment on Liability

  1. 1 Whether COPA extended to Sky+ boxes and on what terms
  2. 2 Whether Mr Crane was a commercial agent under the Regulations
  3. 3 Whether Mr Crane's activities were secondary under the Regulations

Ratio Decidendi

Mr Crane's activities under COPA were secondary within the meaning of the Schedule to the Regulations, and even if not, his agency was terminated because of default attributable to him, justifying immediate termination under reg 18(a).

Court Disposition

Claim dismissed