The agent had subsequently expressed regret regarding the calls, but had not in fact apologised in the opinion of the Court.
The judgment provides an example of immediate termination for breach as referred to in Regulations 16 and 18(a) of the UK Agency Regulations (Commercial Agents (Council Directive) Regulations 1993 (1993 No 3053) and Article 16 of Council Directive 86/653/EEC.
The Judgment also enlist comparison with repudiatory breach of an employment contract by an employee.
Although not mentioned in the Judgment, such a termination would remove the right of the agent to a termination payment by way of compensation or indemnity.
Edward Miller, IDI Agency & distribution Country Expert for UK
