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Steve Sidkin's article (27 August) discusses the only two cases on the Commercial Agents Regulations to date in the UK and their deficiencies.
The one question clients want answered is how much is payable in compensatory damages. It is still unclear. The recent EC report into Article 17 of the regulations is a helpful summary of the law on compensation/indemnity in member states.
But for UK law all it can do is regurgitate comments to the commission, namely that many agents have settled for up to six months' commission as damages. The latest cases mean agents will continue to press for one or more years' commission. Let us hope the commission will take its report one stage further and reform the directive so greater legal certainly can be achieved.