Kevin Manship Senior Associate

Photograph of Kevin Manship

Contact Details

“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.”

The Legal 500 UK 2014
Kevin acts for a variety of public and private sector clients and advises across the full range of commercial disputes.  

Main areas of practice 

Kevin has run many cases through the High Court and County Court and has taken several cases to a successful conclusion via mediation or other means of alternative dispute resolution. Kevin specialises in disputes arising from the procurement and supply of IT software, ICT systems and facilities management services and the implementation and management of long term contracts, acting for both suppliers and customers. He also deals regularly with breach of contract claims, claims involving the sale and supply of goods and services and other commercial disputes. [Judicial Review]

General Dispute resolution

Kevin acts for a variety of public and private sector clients and advises across the full range of commercial disputes.  He has run many cases through the High Court and County Court and has taken several cases to a successful conclusion via mediation and other means of alternative dispute resolution.

Kevin specialises in disputes arising from the procurement and supply of IT software, ICT systems and facilities management services and the implementation and management of long term contracts, acting for both suppliers and customers.

He also deals regularly with claims for commercial agents, breach of contract claims and claims involving the sale and supply of goods and services, as well as intellectual property disputes and judicial review proceedings.

Commercial agency disputes

Kevin advises clients across the full range of commercial disputes and has a specialism in agency claims, particularly those involving the Commercial Agents (Council Directive) Regulations 1993 (“the Regulations”).  He has helped many agents and principals to resolve a variety of disputes under the Regulations. 

IT work

Kevin specialises in the implementation and management of IT projects and long term IT contracts, acting for both suppliers and customers, and disputes arising from the procurement and supply of IT software, ICT systems and facilities management services. Kevin also heads the IT Dispute Management team and has assisted both suppliers and customers in resolving a variety of issues and disputes arising from the above contracts and during complex IT/ICT projects. Kevin has also dealt with a large number of contractual and other commercial disputes. He has run many cases through the various High Court processes and has taken several cases to a successful conclusion via mediation and other means of alternative dispute resolution.

Significant experience

Health & Social Care

  • Part of the team representing various NHS bodies in England in the successful defence in the Court of Appeal of judicial review proceedings brought by local residents to challenge the procurement of an independent sector treatment centre and the duties on the NHS to involve and consult on that procurement.
  • Representing LHBs on various disputes and matters arising from NHS standard contracts for GPs, dentists and opticians.
  • Advising an LHB on its rights and obligations arising from the repudiatory breach of a software development contract.

Education

  • Part of the team advising a group of collaborating universities in Wales in the procurement of high performance computing equipment and associated services across a number of sites.

Government

  • IT work for Welsh Government – NGBW / Superfast Cymru, PSBA - Fibrespeed
  • Part of the team which advised the Welsh Government on the multi-million pound procurement of ICT services and provided ongoing advice on issues and disputes arising from that project, including advising on the fitness for purpose of the ICT architecture provided by the supplier and advising on a dispute about the provision of internet services and whether the supplier had provided functionality in accordance with the contractual requirements

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 a variety of cross-border contractual disputes, some involving challenges to the jurisdiction of the UK Courts to deal with those disputes
  • Dealing with claims involving the alleged supply of defective products in the agricultural industry

Commercial agency

  • Claims for unpaid commission on sales concluded prior to termination of the agency (under Regulation 7), including disputes about whether the agent was entitled to commission in circumstances where orders were placed by the agent but did not result in the principal concluding sales with the customer;
  • Claims for pipeline commission under Regulation 8;
  • Valuation of compensation claims following the House of Lords decision in Lonsdale v Hallam [2007] UKHL 32;

Expertise

Kevin’s Blog

If an agent disparages their principal the principal can terminate the agency contract, can’t they?

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

Commercial agents and software – goods rather than services?

Article

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.

When might compensation be better for a principal than indemnity?

Article

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

How does a commercial agent “acquire” a customer for a principal?

Article

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

The discount rate and professional negligence claims

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.

Commercial agents and software – goods rather than services?

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.

An unwelcome relief? Opportunities to challenge forfeiture are broadened (again)

It is with some hesitation (and permission to appeal) that the court has granted relief from forfeiture of a licence for the discharge of surface water.

Commercial Agency Law – a guide for advisors outside the UK – Beware the differences in the UK

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.

Recovering outstanding berthing fees – a guide for marinas and boatyards

Blake Morgan provides a helpful guide for Marinas and Boat Yards on recovering outstanding berthing fees.

Sales agency law - Frequently asked questions

Answers to some of the common questions that arise during Sales agency contracts