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In a recent decision, the Court of Appeal held that a ‘derogatory’ sequence composed by the claimant agent about their ‘battle to get service’ from their principal, CROCS Europe, did not amount to a repudiatory breach entitling CROCS to treat the agency relationship as terminated.
The court held that although the agent was in breach of their duties under the contract, the claimant’s conduct was not sufficiently serious to be a repudiatory breach entitling CROCS to treat the contract as terminated.
No doubt many agents will be relieved with the decision as the alternative places a heavy burden on agents to monitor the actions and online posts of its employees. However, agents should still exercise some caution as this case was ultimately decided on its facts. The Court of Appeal would not reconsider the facts found by the 1st instance judge to determine whether the breach was sufficiently serious to be a repudiatory breach but did note that it was ‘quite close to the borderline’.
The Court of Appeal has ruled that the wording of a service charge clause precluded a tenant from challenging the sums claimed by a landlord.
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Break rights have proved a fertile source of litigation over the last few years. Courts have consistently required strict compliance with the terms of those rights.
Judgement has been handed down for the seminal case of Cardtronics UK Ltd and others (Respondents) v Sykes and others (Valuation Officers) (Appellants) [2020] UKSC 21.
Following an MP debate on 5 November 2019, the government is due to release long-awaited guidance as to how it intends to protect workers in the retail industry against violence, harassment and abuse.
Senior Associate
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