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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have been representing a Spanish company in the UK for over

Resolved Question:

I have been representing a Spanish company in the UK for over 10 years as its agent/representative, the last few years without a written agreement as by verbal agreement the commission arrangement was switched to a new company of mine. The principal now wants to end the relationship, and it is my understanding that compensation or an indemnity is payable, equal to the average annual commission over the past 5 years for a de facto agency even if no longer explicit in a contract.
This case involves one key account that I originally introduced to the principal and managed the relationship until now.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Why do you think that you are entitled to 5 years of commission? Was this ever agreed whether in writing or verbally with the Spanish company?
Customer: replied 2 years ago.

No, I think I am entitled to one year's commission, calculated as the average of the last 5 years - and in the discussions with the principal they have themselves stated this as the means of calculating an indemnification payment

Expert:  UKSolicitorJA replied 2 years ago.
If that is the case then you should ask them for this money in full and final settlement of them terminating your agency.
There is no requirement to have a written agreement to this effect, as long as there is a verbal agreement about this.
May I help further?
Customer: replied 2 years ago.

The question is not about written agreement of the termination, its about acting as agent over many years, initially under an explicit agreement but for the last 5-6 years on a verbal or unwritten basis - a de facto agent. Does EU or UK law protect me in this situation as if I had a formal written agency agreement?

Expert:  UKSolicitorJA replied 2 years ago.
Yes, it does as there would be an implied agreement between the two of you. To answer your question, yes, there is a de facto agreement under English law.
Hope this helps
Customer: replied 2 years ago.

Thanks - is there a statute I can quote about this, and is it EU wide or just UK?

Expert:  UKSolicitorJA replied 2 years ago.
I am only qualified in the UK and cannot speak for other EU countries. It is not a statutory matter but one of common law, see here to read more about implied agreements in English law
http://www.ehow.co.uk/about_6571042_legal-definition-implied-contract.html
Hope this helps. Please leave feedback
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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