Roger v National IT Learning Centre Ltd

Roger v National IT Learning Centre Ltd

Permission to appeal is granted on the ground that there is a genuine point of law as to whether the provision of course materials as part of distance learning makes Mr Rodger a commercial agent under the 1993 Regulations, entitling him to indemnity or compensation.

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 Agents Regulations ground; refused on Employment Act Regulations ground.
Legal Topics
Commercial Agents, Employment Status, Contract for Services, Compensation Under Regulations
Contract Law Employment Law Commercial Law Commercial Agents Employment Status Contract for Services Compensation Under Regulations

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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 Mr Rodger was entitled to rely on the Employment Act Regulations (2004) and/or the Commercial Agents Regulations (1993) for additional compensation beyond the contract award
  2. 2 Whether Mr Rodger qualifies as a 'commercial agent' 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 provision of course materials as part of distance learning makes Mr Rodger a commercial agent under the 1993 Regulations, entitling him to indemnity or compensation.

Court Disposition

Permission to appeal granted on the Commercial Agents Regulations ground; refused on Employment Act Regulations ground.

Orders

  • Application allowed.
  • Costs to be stayed pending the resolution of the appeal.