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Will the EU Commercial Agents Directive still apply after Brexit?

The way EU Directives work is by requiring each EU Member State to pass domestic legislation to give effect to them.  The EU Commercial Agency Directive of 1986 was implemented in the UK in 1993 by Statutory Regulations.  When the UK leaves the EU, those Regulations will remain in force unless Parliament decides to amend or dispense with them.

Although it may be arguable that a protective regime for commercial agents – especially large companies well able to look after themselves – is unhelpful to the UK economy, there is no clamour for its abolition so far as I am aware.  Given that the Government has quite a few other matters to think about right now, I doubt that this will be high on its to do list.

For the foreseeable future, therefore, it will remain necessary to work out the continuing uncertainties as to the application of the UK Regulations …. which are mostly to do with the assessment of compensation following termination of a commercial agency, a subject which continues to keep the High Court fairly busy.

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