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"Franchising"

Franchise Agreements and Brexit   The UK left the European Union on 31 January 2020. We are currently in the middle of a transition period which shall end on 31 December 2020. Fortunately, there is actually little regulation of the franchising industry within the UK and those that do exist, which had any basis in… Read More &raquo

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Restrictive Covenants in Franchise Agreements   Restrictive covenants are very common in all sorts of contracts.  Employers will often use them to prevent employees from competing unfairly within a certain period of time following termination of their employment and franchisors will often use them to protect their goodwill and know-how in a franchise territory.  The… Read More &raquo

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Franchising – Overview and Franchise Disputes   What is franchising? The Franchise business model is a mutually beneficial method of expanding a business that, over recent years, has led to the immense growth of many of your favourite businesses, that you may not expect to be franchises  in the first place!  Franchising is where the… Read More &raquo

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Misrepresentations – Franchise Disputes

Misrepresentations- Franchise Disputes   Overview When a franchise relationship breaks down, it is not unusual for disputes to arise between the franchisor and franchisee over who is responsible for the failure of the business.  Often the franchisee will say that the franchisor over-egged the prospects of the business leading them to claim misrepresentation. To claim... Read More »

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Misrepresentations- Franchise Disputes   Overview When a franchise relationship breaks down, it is not unusual for disputes to arise between the franchisor and franchisee over who is responsible for the failure of the business.  Often the franchisee will say that the franchisor over-egged the prospects of the business leading them to claim misrepresentation. To claim… Read More &raquo

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Franchising a business    Is franchising a business always possible? There are a good many different business sectors that have benefited from franchising a business which has been successful and have done exceptionally well at it both for the benefit of their own business and those of their franchisees.  Take, for example, a few of… Read More &raquo

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Franchise Charges – are they legal?   The nature of the charge It is not uncommon to see, in a franchise agreement, an obligation for the franchisee to pay a sum of money upon a certain eventuality occurring.  These franchise charges may not necessarily be recoverable as a matter of law, even if agreed in… Read More &raquo

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Franchise Litigation – Franchisee Problems   Franchising is no different from other businesses in many ways.  From time to time, people fall out and disputes arise.  However, there are some rather unique aspects to franchise litigation that have to be borne in mind. Firstly, in most franchise disputes the starting point will be a lengthy franchise… Read More &raquo

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Franchise Agreement – Termination   Can a franchisor end a franchise agreement? It is common for franchisors to set out, in the franchise agreement, those circumstances when they are entitled to terminate a franchise agreement.  Termination is often reserved only for those circumstances which truly justify it, such as the following: (a) where the franchisee threatens… Read More &raquo

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