- Tigana was a sales agent for Decoro, a Chinese leather sofa manufacturer
- Tigana was responsible or establishing Decoro in the UK
- Issue with fire safety regs caused losses for Decoro, who lawfully terminated the agency agreement
- Under regulation 8(a) of the Commercial Agents (Council Directive) Regulations 1993, for how long was Tigana entitled to remuneration for post-termination?
- Was Tigana entitled to regulation 17 commission?
- 9 months, yes
- Fact specific question, entitled to remuneration for the current sofa season, which ended 9 months after the judgment date (October, in 9 months’ time saw the major trade shows for the next season)
- ‘Reasonable time’ and ‘mainly attributable’ were said to be linked
- ‘Mainly attributable’ means the same as ‘effective cause’
- Regulation 17 (remuneration on termination, not to be confused with regulation 8 – remuneration for post-termination contracts) applies to both lawful and unlawful termination of agency relationships
- Regulation 17 commission for termination available and calculated through a “balance sheet” of factors; a calculation now refined by Lonsdale v Howard and Hallam