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Brexit is not a frustrating event
The decision in Canary Wharf v European Medicines Agency provides direction on whether Brexit would constitute a frustrating event which would allow a party to set aside a contract. In this article, Gordon Drakes considers the wider impact of this decision on commercial contracts and provides guidance on how parties should deal with the current uncertainty in long-term agreements.
Managing supply chain risk in a franchise system – proposed changes to the UK insolvency regime
Failures rates within franchising are typically much lower than non-franchised start-ups. However, the latest BFA/NatWest survey of the UK franchising sector cites franchisee underperformance as one of the three key concerns of franchisors, and franchise businesses are of course not immune from the economic headwinds and technological changes, which are affecting various sectors.
Fieldfisher celebrates largest ever partner promotion round
Growing European law firm has made up 14 partners, comprising seven women and seven men, across five offices in the latest round of partner promotions – the biggest number in the firm's history.
Getting the house in order - preparing for a franchise business sale
The recent BFA/NatWest survey of the franchising sector in the UK confirmed that franchising is in very good health and continues to expand and mature.
Non-reliance clauses in franchise agreements – Court of Appeal confirms they are subject to the "reasonable test"
A "non-reliance" clause is a common feature in a franchise agreement. Such clauses contain an acknowledgment by a franchisee that they agree not to rely on any statements or representations which are not expressly set out within the franchise agreement.
Should've gone to Specsavers? – franchisees claim fraudulent misrepresentation against their franchisor
In the case of Ali v Abbeyfield VE Ltd (2018 Chancery Division), four ex-Vision Express optician franchisees were successful in their claim against their franchisor, in which they alleged that they were induced to enter into their franchise agreements on the basis of false information provided by a Vision Express employee.
The trouble with success: a franchise litigator's perspective
The franchisor/franchisee relationship is, in many respects, just like any other long term relationship.
How well do you know your franchise agreement?
This article was first published by Global Franchise Magazine in June 2018. It speaks to a UK audience of businesses and individuals who are new to franchising and provides guidance on key issues to cover in the franchise agreement.
Joint Venture Franchises: The Whys and Wherefores
Franchising provides a flexible model for growth or re-engineering, with a variety of structures to meet different needs. Of all the structures the joint venture franchise is the least understood and most likely to cause difficulties, if not structured correctly.
Don't forget to renew those vows
Last week the world tuned into a royal wedding, and as the happy newlyweds look forward to their new life together, we can pause for thought and consider the parallels between the franchise relationship and a marriage.
Clucking Mad – what can franchise businesses learn from KFC's supply chain issues?
The recent closure of over 600 KFC outlets in the UK highlights the importance of supply chain management and also how the different parties which rely on it need to protect themselves from a contractual and legal point of view.
Lessons learnt – a review of 5 English law cases from 2017 and what franchise and distribution businesses can learn from them
Despite being a relatively quiet year for franchise disputes, here are five cases which involved franchise relationships and some lessons which can be learnt from each.
Doing Business in the UAE - new VAT rules for 2018 and their impact on franchising
As part of an on-going programme to re-balance the economy away from oil revenues and enhance the UAE's business environment, a new 5% VAT regime came into effect on January 1, 2018. This will impact on both foreign and
Doing business in the UAE - changes to restrictions on foreign ownership
In the first quarter of 2018, restrictions on foreign ownership are set to change due to the passing of a new investment law permitting 100% foreign ownership of UAE companies in certain business sectors outside of the 'free zones'.
Top 10 legal pitfalls in franchising (and how to avoid them)
The top 10 common legal pitfalls in franchising and how to avoid them.
Franchising and the gig economy – the risks and rewards
A number of businesses which franchise will interact with the gig economy. Both franchisors and franchisees therefore need to know the risks and rewards of any regulation that is introduced.
Expertise activity stream
Gordon Drakes published 'Managing supply chain risk in a franchise system – proposed changes to the UK insolvency regime'
Gordon Drakes and Tim Rickard published 'Non-reliance clauses in franchise agreements – Court of Appeal confirms they are subject to the "reasonable test"'
Gordon Drakes published 'Should've gone to Specsavers? – franchisees claim fraudulent misrepresentation against their franchisor'