Termination of contracts
Wine trade relationships come to an end for all sorts of reasons. A frequent complaint is an importer’s poor performance, often combined with a breakdown of trust and/or a pattern of late payment. Or the importer may have built distribution up to a certain level, but be unable to take it to the next level.
Andrew Park has many years’ experience of working with wine – and spirits – producers who have become dissatisfied with their UK agents, distributors, or JV partners, and want to extricate themselves from the relationship with the minimum of pain and expense. He can help you with all aspects of the termination of any UK wine agency, distribution, joint venture or other contract. At the same time he can help you set up and transfer to new distribution arrangements, and ensure that problems with previous contracts are avoided in the new ones.
If it isn’t handled with care, the termination of an agreement can prove very costly for a producer. Producers who go ahead and terminate without first taking legal advice are often dismayed to discover that the importer may have a claim for substantial compensation on termination, and may be entitled to withhold against that claim money he owes for wine supplied or has collected from customers on the producer’s behalf.
The key to minimising the potential downside risks is careful planning. Andrew has helped many wine producers to plan, and handle, terminations and any resultant compensation claims, in particular for compensation under the Commercial Agents Regulations. His specialised wine trade knowledge and experience means he can secure the best possible outcomes for his clients in these situations
If it is not possible to resolve a dispute by negotiation you have to consider other means of doing so. Mediation of commercial disputes is usually an attractive option and has a very high success rate. But sometimes it has to come down to a fight. Andrew is an experienced commercial litigator with a track record of running cases successfully at all levels right up to the UK Supreme Court. Being an accredited mediator as well, he has the comprehensive skill set necessary to help you achieve a satisfactory outcome in the quickest and most cost efficient way.
Other services for Wine Producers and Brand Owners:
“It was very useful for us to have a UK based lawyer, particularly one so knowledgeable about the wine trade. He was able to explain UK laws and how things work there. He’d been involved in similar cases before so that experience was invaluable.” Read the full testimonial
Please get in touch if you would like to discuss what you need and how we might be able to help you.