Scottish Court of Session Decisions

Mr. Taylor, solicitor advocate for the defenders and appellants, submitted that the sheriff principal should not have allowed inquiry because Regulation 18(b)(ii) of the Commercial Agents (Council Directive) Regulations 1993 entailed that the right to compensation depended, inter alia, upon whether "age, infirmity or illness" was, subjectively, the reason why the commercial agent gave notice in terms of the Regulations of the termination of his employment; and because the pursuer's pleadings were defective in this respect. Following a discussion of his submissions he accepted that the case could not be disposed of without inquiry into the facts by way of proof before answer. In these circumstances he abandoned the appeal, and accordingly the allowance of inquiry by the sheriff principal will stand. We express

no view in regard to the submissions made by Mr. Taylor. It is clearly more appropriate that the extent to which it is necessary to interpret and apply the Regulations should be determined after the facts have been ascertained.

We should add that, as was common ground between the parties, the allowance of inquiry is under reservation of all legal arguments on either side. In these circumstances the opinion expressed by the sheriff principal in allowing inquiry should not be regarded as authoritative.