Kevin Manship Senior Associate
“Kevin Manship is recommended for commercial agency disputes, and in 2013 continued to represent the former UK sales agent for Crocs in its contractual dispute with Crocs Europe BV.”
Kevin has a wide commercial law and disputes practice experience, including the implementation and management of IT / technology projects or contracts, commercial agency matters, judicial review challenges and general commercial contracts.
Main areas of practice
Kevin is an experienced litigator and advises across the full range of civil disputes, including IT and technology disputes, commercial agency disputes, judicial review challenges, issues relating to the NHS standard contracts of GPs, dentists and opticians, breach of contract claims, claims involving the sale and supply of goods and services and other commercial disputes. He has taken many cases through the various Court processes (including the Court of Appeal), whether as Claimant or Defendant. He is also very experienced in dealing with mediation, adjudication and other forms of dispute resolution.
Kevin is also very experienced in matters of general commercial law. He specialises in the implementation and management of IT projects and long term IT contracts, as well as contracts for the procurement and supply of IT software, ICT systems and other technology related matters.
Kevin acts for a wide range of public and private sector clients across various commercial matters and disputes.
IT / technology – Kevin acts for both suppliers and customers in the procurement, negotiation and drafting of IT and technology contracts and also in resolving a wide range of issues and disputes arising during their implementation and operation (from general day to day issues to complex disputes).
Commercial agency – Kevin acts for principals and sales agents on all matters relating to commercial agency contracts, from negotiating and drafting the initial contract, through to advising on rights and obligations in specific situations and on to termination of the agency contract and disputes relating to unpaid commission or compensation or indemnity claims following termination.
Judicial review challenges – Kevin regularly acts for public sector clients facing judicial review challenges and has extensive experience in representing NHS bodies in England and Wales dealing with judicial review challenges following the reorganisation of health services.
NHS standard contracts for GPs, dentists and opticians – Kevin advises NHS organisations in England and Wales on their rights, obligations and options under these contracts in specific circumstances and has also been successful in resolving a number of disputes relating to these contracts through the NHS Dispute Resolution Procedure.
IT / technology
- Advising on the procurement of broadband network and related services on behalf of a wide range of public sector stakeholder bodies across Wales (including the emergency services, the NHS, higher and further education organisations and local authorities) and issues and disputes arising from the operational phase of that contract;
- Advising a collaboration of Welsh universities on the procurement of high performance computing equipment and associated services across a number of sites in Wales;
- Advising the Welsh Government on the procurement and implementation of a broadband network in Wales to support the provision of superfast broadband services to the general public and businesses in those parts of Wales where such services are not currently available under normal market conditions and issues and disputes arising from the operational phase of that contract;
- Advising a Welsh public body about its rights and obligations arising from the repudiatory breach of a software development contract.
- Representing the UK agents of Crocs shoes in successfully bringing claims for unpaid commission and compensation following the wrongful termination of the agency contract by Crocs;
- Negotiating and drafting agency contracts on behalf of a wide variety of principals or sales agents;
- Representing a UK agent in pursuing claims for unpaid commission and compensation against an Irish principal following termination of the agency contract by the agent for breach by the principal.
- Advising NHS England in the successful defence of judicial review proceedings regarding the availability via the NHS of three new drugs for the treatment of Hepatitis C;
- Representing each of the Local Health Boards in Wales in a number of judicial review cases relating to the reorganisation of A&E, maternity and other health services following engagement and consultation with service users and other stakeholders.
Health and Social Care
- Helping NHS organisations to successfully defend referrals to the NHS Dispute Resolution Procedure, including the following:
- Advising NHS organisations on the recovery of monies under dental contracts following under performance in relation to annual UDA targets.
General Dispute Resolution
- Various disputes relating to the protection of confidential information and trade secrets following the acquisition of companies and/or employees leaving their employment;
- Dealing with claims involving the alleged supply of defective products in the agricultural industry.
The short answer is that the principal probably can terminate, but care needs to be taken as this is not an automatic right.
Articles by Kevin
Since the introduction of the Regulations, there has been considerable uncertainty as to whether transactions involving computer software can be categorised as "sale of goods" for the purposes of the Regulations. The position has now been clarified.
Under the Commercial Agents Regulations, an agent will generally be entitled to compensation or an indemnity payment on the termination of their agency contract. Unless the agency contract specifies an indemnity payment
This article focuses on Regulation 7(1)(b) and the circumstances in which a Court would conclude that a commercial agent has “acquired” a customer for their principal.
Related Knowledge & Resources
Breach of jurisdiction clause – High Court protects company and affiliate by way of anti-suit injunction
A High Court decision highlights how Courts may construe parties' intentions when interpreting jurisdiction clauses in contracts, as well as the protection that can be afforded by way of anti-suit injunctions.Ben Clark explains the impact this will have.
The Andrew Mitchell "plebgate" defamation case in 2013 was well known for the political furore. Within legal circles, the case was a stark example of the court losing patience with people, and their lawyers, ignoring the rules.
When assessing damages in personal injury and clinical negligence claims future losses need to be taken into consideration. Our article explains how the discount rate works when making a claim.
This is a summary for legal advisors outside the UK of commercial agency law in the UK. The effect of the Commercial Agents (Council Directive) Regulations 1993 ("the Regulations") in the UK can be quite different from countries in the EU.
Blake Morgan provides a helpful guide for Marinas and Boat Yards on recovering outstanding berthing fees.
Answers to some of the common questions that arise during Sales agency contracts