Commercial Agency
Withy King recently acted for one of its corporate clients in relation to a claim by a commercial agent for compensation and commission pursuant to the Commercial Agents (Council Directive) Regulations 1993.
The claimant agent had terminated the agency arrangement with our client Principal and sought to make a claim under the regulations which provides for compensation to be paid to a commercial agent by the principle on termination of the contractual arrangements. Our lawyers were able use their detailed knowledge of the law together with their understanding and appreciation of their client's business to deter the claimant from pursuing their claim.
By acting swiftly and clearly setting out our client's position in succinct and persuasive correspondence our lawyers prevented our client from becoming involved in unnecessary litigation.
This case acts as a strong example of the capabilities of our Commercial Disputes Team, using technical legal arguments to our client's advantage whilst taking a pragmatic and sensible approach to dispute resolution.
For more information on our experience in dealing with Commercial Agency issues please see the relevant page in the Dispute Resolution section of this site.
Partnership
Withy King recently acted for a partner in a local business partnership specialising in the arts and culture sector.
The two business partners were involved in a dispute amidst allegations of theft and misappropriation of partnership monies. Withy King were instructed to advise one of the partners how best to exit the Partnership minimising financial loss and to advise on the possibility of setting up a new business. It was essential that our client was provided with detailed and accurate advice on such matters as the consequences of setting up in direct competition with a previous business can be severe if the correct procedures and precautions are not followed.
Our lawyers advised on many issues that can often occur in the breakdown of a business partnership including what should happen with partnership assets, intellectual property issues, how information held on a client database (as partnership property) should be dealt with between the partners and investigating the possibility of requesting an account of the Partnership assets.
Withy King were able to successfully advise their client on all aspects of the Partnership dispute and their client’s exit from the business. Our client did not need to issue proceedings against his former partner as our lawyers were able to negotiate a favourable settlement on his behalf and reach a satisfactory conclusion without the need to involve the Court process.
