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Agency or distribution — customer decides?
Agent involved in production
Agent is also distributor
Agent's rights
Agent's rights on termination
Agent/distributor handling competing wine
Agent/distributor selling outside his territory or sector
Applicable law
Appointing a UK agent and/or distributor
Appointing a distributor — pros and cons
Appointing an agent — pros and cons
Assessment of compensation on termination of commercial agency
Bulk wine business — big business
Calculating a commercial agent's indemnity on termination
Certification and collective trade marks
Change in control
Checklists
Choice of law — agency and distribution agreements
Commercial Agency Regulations — entitlement to commission (a) during the agency contract, and (b) after it has ended
Commercial agents
Commission
Compensation — still no wiser
Compensation for distributors
Compensation for commercial agents — Lonsdale v Howard & Hallam Ltd
Compensation on termination
Compensation on termination of agency
Compensation under the Commercial Agency Regulations — the case law
Compensation under the Commercial Agency Regulations — the older cases
Competition from ex-agent or distributor
Competition law
Contract — leaving it too late
Contract essentials
Contracts
Controlling distribution
Damages
Defective products
Dispute resolution
Dispute resolution — pre-action procedure under the CPR
Distributor's rights
Distributor's rights on termination
Distributors
Enforcing compliance with a contract
Extinction of the right to commission
Finding the right partner
Finding the right partner A commentary on Sally Easton's exclusive report of 12th October 2005
Further compensation possibilities on termination of commercial agency
Good faith
Goodwill
Goodwill compensation — making sure you keep the goodwill
Implied terms
Indemnity
Indemnity or compensation — what difference will it make?
Insolvency
Intellectual property
Investment by agent or distributor to retain or secure a relationship with a producer
Is A a 'commercial agent'?
Joint brand ventures
Jurisdiction
Late payment
Negotiating and drafting an agency or distribution contract
New appointment — agent/distributor's perspective
New wines — included or not?
Notice of termination
Orderly Termination
Parallel trading in wine — how much of it goes on in the UK?
Poaching of agent/distributor's staff by producer..... and vice versa
Policing agreements
Policing commercial agreements
Problems with agents or distributors
Producer — planning to terminate
Producer acquires a new winery subject to different agency
Producer dealing with customers himself or through another agent or distributor
Producer ensuring exclusivity
Producer's rights
Promotional discounting — everybody happy?
Proving the opening position
Quality problems
Regulatory matters
Repudiation
Restrictions between producers and agents or distributors
Restrictive covenants
Restrictive covenants — importer's employees
Restrictive covenants — producer's employees
Retention of title to goods
Reviewing existing contracts
Rights on termination where agent is also distributor
Set-off by distributor
Setting up a UK distribution operation
Setting up a UK joint venture distribution company
Setting up a UK subsidiary to handle distribution
Should there be a written contract — producer's perspective
Should there be a written contract?
Spoiled wine — who foots the bill?
Tax on compensation
Termination - producer's perspective
Termination of agency or distributorship
Terminology — agents, distributors, brokers and others
The Closure Conundrum
The Commercial Agents (Council Directive) Regulations 1993
The UK's first 'virtual' wine merchant?
The value of restrictive covenants
Time for a change?
Time for a change?
UK bottling — the legal framework
UK market entry
Underperformance by agent or distributor
We never signed the contract — how could we be bound by it?
When is commission payable?
Wine turns green


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