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
