Ltd for breach of contract over the non-payment of commission after January 2009 when Action itself got into the alarm monitoring business.
The judge said he would encourage any monitoring company to send out activity reports in near real-time to all alarm companies whose alarms are affected, even if they don’t have a positive working relationship with any of those companies. In saying this, he wanted to make it clear that he was not suggesting in any way that Top was not complying with existing regulatory duties. The case raised a general issue as to what the scope of those duties should be, he said.Earlier, the judge said the two Dublin-based firms had a business relationship going back to 1986 under which Action encouraged customers to connect to Top’s monitoring service for which Top paid Action a substantial commission from customer income.
In relation to those who remained with Top at that point, Top stopped paying a commission on the customers introduced by Action, and according to Action, stopped responding to its communications in large measure although not completely.
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