Page v Combined Shipping And Trading Company Ltd [1996] EWCA Civ 1312 (24 May 1996)

Page v Combined Shipping And Trading Company Ltd [1996] EWCA Civ 1312 (24 May 1996)

The Court held that Mr Page has a good arguable case for substantial compensation under regulation 17(6) and (7) of the Commercial Agents Council Directive Regulations 1993, as the regulations are intended to provide a harmonized and protective regime for commercial agents, departing from restrictive domestic law. The proper measure of compensation is what the agent would have earned under normal performance, not the minimum possible under the principal's discretion. There is a serious question to be tried and a real risk of dissipation of assets, justifying the grant of a Mareva injunction.

Citation
[1996] EWCA Civ 1312
Parties
Plaintiff/appellant: Graham Page; Defendant/respondent: Combined Shipping and Trading Company Limited
Jurisdiction
England and Wales
Judgment Date
24 May 1996
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Commercial Agency, Repudiation of Contract, Compensation on Termination, Interpretation of EU Directives, Mareva Injunction
Commercial Law Contract Law European Union Law Commercial Agency Repudiation of Contract Compensation on Termination Interpretation of EU Directives Mareva Injunction

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Parties

Graham Page

Plaintiff/appellant

Combined Shipping and Trading Company Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the plaintiff has a good arguable case for substantial compensation under the Commercial Agents Council Directive Regulations 1993 following termination of the agency agreement
  2. 2 Whether English domestic law or the EU regulations govern the measure of compensation
  3. 3 Whether a Mareva injunction should be granted to restrain dissipation of assets

Ratio Decidendi

The Court held that Mr Page has a good arguable case for substantial compensation under regulation 17(6) and (7) of the Commercial Agents Council Directive Regulations 1993, as the regulations are intended to provide a harmonized and protective regime for commercial agents, departing from restrictive domestic law. The proper measure of compensation is what the agent would have earned under normal performance, not the minimum possible under the principal's discretion. There is a serious question to be tried and a real risk of dissipation of assets, justifying the grant of a Mareva injunction.

Court Disposition

Appeal allowed

Orders

  • Mareva injunction granted in the sum of £300,000
  • Costs of application and appeal awarded to appellant