Vick v Vogle-Gapes Ltd

Vick v Vogle-Gapes Ltd

The claimant repudiated the agency agreement by his letter of 2 April 2004 and subsequent conduct, and the defendant accepted that repudiation, bringing the agreement to an end. The defendant's variation of territory and market was lawful under the contract and not a repudiatory breach. Late and non-payment of commission did not amount to repudiatory breach. The claimant was not entitled to compensation under the Commercial Agents Regulations. The defendant's counterclaims for overpaid commissions succeeded and were set-off against the claimant's entitlement.

Parties
Claimant: Tony Vick; Defendant: Vogle-Gapes Limited
Jurisdiction
England and Wales
Judgment Date
30 June 2006
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
Claim dismissed; counterclaim allowed
Legal Topics
Commercial Agency, Termination of Agency, Compensation for Termination, Repudiatory Breach, Commission Payments, Set Off, Goodwill Valuation
Commercial Law Contract Law Employment Law Commercial Agency Termination of Agency Compensation for Termination Repudiatory Breach Commission Payments +2 more

Case Brief

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Parties

Tony Vick

Claimant

Vogle-Gapes Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendant lawfully varied the claimant's territory and market under the agency agreement
  2. 2 Whether the claimant was entitled to compensation for termination under the Commercial Agents Regulations
  3. 3 Whether late or non-payment of commission constituted repudiatory breach

Ratio Decidendi

The claimant repudiated the agency agreement by his letter of 2 April 2004 and subsequent conduct, and the defendant accepted that repudiation, bringing the agreement to an end. The defendant's variation of territory and market was lawful under the contract and not a repudiatory breach. Late and non-payment of commission did not amount to repudiatory breach. The claimant was not entitled to compensation under the Commercial Agents Regulations. The defendant's counterclaims for overpaid commissions succeeded and were set-off against the claimant's entitlement.

Court Disposition

Claim dismissed; counterclaim allowed

Orders

  • Claimant's claims dismissed
  • Judgment for defendant in the sum of £9,017.82