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Both the facts giving rise to this appeal and the first instance decision are considered in detail in Vol. 4, No. 4 Journal of Financial Regulation and Compliance, p. 397. The Respondent to the appeal, Mr Marshall, had been a self‐employed sales agent engaged by the Appellant company in the selling of life assurance and pension policies. The terms of his engagement were contained in two successive contracts of which the latter provided, inter alia:

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