ABSTRACT
The English and Scottish courts have accepted, in principle, that compensation and indemnity are different from any common law concept. The division of the judiciary over the calculation of the two termination payments came progressively as the English and Scottish courts grew more confident with their application of the Agency Regulations. Under the Directive, the commercial agent is entitled to be compensated for the 'damage' he suffers as a result of termination of his relations with his principal. In France, commercial agents have been recognised and protected as a separate class of intermediaries for over 50 years because of the 1958 Decree. Under the Directive, compensation is due to the commercial agent whenever there is a 'termination'. The more complicated 'just cause' for termination by the commercial agent himself is when he does so because of 'circumstances attributable to the principal'.
