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Mercantile International Group plc v Chuan Soon Huat Industrial Group plc [2001]

Facts

  • The claimants sought the benefit of the Commercial Agents (Council Directive) Regulations 2003, where they sold timber on a mark-up basis on behalf of the defendants
  • Remuneration only resulted from the mark-up

Issue

  • Was Mercantile International Group (the claimant and agent) a commercial agent?

Decision

  • Yes

Reasoning

  • Although commission was paid by the agent’s own mark-up, continuing authority had been granted and remuneration was still received
  • Neither the size of the markup nor the agency agreement itself was incompatible with the commercial agents regulations
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