Franchising and Franchising Disputes

Franchising is a well-tested business model that is used by many big brands and many growing brands as a way of expanding their business through independent organisations, while still keeping control of the brand and business system.

If you are considering franchising your business, or if you are thinking of becoming a franchisee, there are a number of factors for you to consider.  Our specialist franchise team can help guide you through setting up a franchise, growing your franchise network and dealing with any disputes.

We are an Affiliate Member firm of the BFA (British Franchise Association) with a wealth of practical experience, enabling us to provide a holistic service covering all legal aspects of franchising.  As well as assisting when franchising disputes arise, we can also draft and advise on franchise agreements, assist with purchasing and selling franchises, and deal with property-related franchising issues.

If a franchise relationship does break down, we can assist the franchisor or the franchisee with resolving any dispute that arises over who is responsible for the failure of the franchise business.  Common areas of dispute between a franchisor and a franchisee often include allegations that misrepresentations were made in relation to pre-contractual financial projections, alleged breaches of post-termination restrictive covenants, and alleged breaches of the non-compete obligations in the franchise agreement.

Before a potential dispute escalates, we can also provide advice on dispute avoidance strategies and policies, including advising on how best to deal with underperforming franchisees, and what a party’s termination rights are under the franchise agreement.  We can also advise on issues indirectly related to the franchise relationship, such as intellectual property rights (IPR) disputes and brand protection issues.