Articles & Updates
Franchisors and franchisees beware double impact decision
Date: 25 May 2011
Publication: Franchising Bulletin
Service: Franchising
A recent High Court decision has concluded that the actions of a franchisee’s employee were attributable to the franchisee. However, despite the employee’s misconduct, the franchisor was not ...
Court approves termination of franchise agreement
Date: November 2009
Publication: Franchising Bulletin
Service: Franchising
We believe the court of appeals decision in Fleet Mobile Tyres Limited v Stone and another (trading as Tyre 20) is worth revisiting. In late 2006 the Court of Appeal (in a ...
Restrictive covenants – the importance of careful drafting
Date: November 2009
Publication: Franchising Bulletin
Service: Franchising
A recent Court of Appeal decision has affirmed the court's approach to the interpretation of restrictive covenants in franchise agreements.In ChipsAway International Limited v Errol Kerr, ChipsAway owned ...
Potential effect on franchise agreements from the vertical block exemption rules
Date: November 2009
Publication: Franchising Bulletin
Service: Franchising
A business will be in breach of European competition law if it has entered into agreements which are considered to be anti-competitive under Article 81(1) EC Treaty. Any restriction found to ...
Can franchise agreements be altered due to difficult trading conditions?
Date: November 2009
Publication: Franchising Bulletin
Service: Franchising
Any party currently considering the interpretation of an option to extend the term of a franchise agreement or considering entering into new franchise agreements which contains an option to extend ...
British Franchise Association Update
Date: April 2009
Publication: Franchising Bulletin
Service: Franchising
Minimum Performance Clauses In September last year, the British Franchise Association (BFA) issued a technical bulletin outlining its approach to the use of minimum performance clauses in business plans within ...
Don't rely on non-reliance clauses
Date: April 2009
Publication: Franchising Bulletin
Service: Franchising
A recent decision of the High Court reminds franchisors that they cannot exclude liability for fraudulent misrepresentation on the basis of a "non-reliance clause" contained within a franchise ...
Consumer Protection from Unfair Trading Regulations 2008
Date: April 2009
Publication: Franchising Bulletin
Service: Franchising
In May 2008, the Consumer Protection from Unfair Trading Regulations 2008 ("the Regulations") came into force and they have significantly changed how business dealings with consumers are governed. The aim ...