Roger v National IT Learning Centre Ltd [2007] EWCA Civ 258 (02 March 2007)

Roger v National IT Learning Centre Ltd [2007] EWCA Civ 258 (02 March 2007)

Permission to appeal is granted on the ground that there is a genuine point of law as to whether the appellant qualifies as a commercial agent under the 1993 Regulations, given the nature of the goods and services provided. The lower court's conclusion that the provision of goods was ancillary to services is open to legal argument.

Citation
[2007] EWCA Civ 258
Parties
Appellant/claimant: Alistair Irvine Watson Rodger; Respondent/defendant: National IT Learning Centre Limited
Jurisdiction
England and Wales
Judgment Date
02 March 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
permission to appeal granted (on the commercial agent issue only)
Legal Topics
Commercial Agents, Independent Contractor Status, Application of Commercial Agents Regulations 1993, Employment Act Regulations, Pleading Requirements
Contract Law Employment Law Commercial Law Commercial Agents Independent Contractor Status Application of Commercial Agents Regulations 1993 Employment Act Regulations Pleading Requirements

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Parties

Alistair Irvine Watson Rodger

Appellant/claimant

National IT Learning Centre Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the appellant qualifies as a commercial agent under the Commercial Agents (Council Directive) Regulations 1993
  2. 2 Whether the appellant can rely on the Employment Act Regulations despite being classified as an independent contractor
  3. 3 Whether the provision of course materials constitutes the sale of goods under the 1993 Regulations

Ratio Decidendi

Permission to appeal is granted on the ground that there is a genuine point of law as to whether the appellant qualifies as a commercial agent under the 1993 Regulations, given the nature of the goods and services provided. The lower court's conclusion that the provision of goods was ancillary to services is open to legal argument.

Court Disposition

permission to appeal granted (on the commercial agent issue only)

Orders

  • Applicant to set out in writing the basis for claiming status as a seller of goods and specify whether indemnity or compensation is claimed under the 1993 Regulations.
  • Costs stayed pending resolution of the appeal.