Completing and updating your company's Person with Significant Control Register

As of 26 July 2017, it has been a legal requirement that limited companies and limited liability partnerships maintain a Person with Significant Control Register ( PSC Register ) so why is it, after all this time, when I look up a company at Companies House...

Having a contract in writing: why you need one and why it's a good investment

Many business deals are concluded by “Gentleman’s Agreements”. These can work for people and businesses - until there is an issue or uncertainty. Unfortunately, deals and relationships in business can, and do, go wrong for many reasons....

Pilot franchises steer course for success

When planning to franchise a business your business plan should include pilot franchises.  Any would-be franchisor might assume that their own successful operation of their business is enough to entice potential franchisees to participate and to ensure...

Franchising - the devil in the detail

A popular means for certain businesses to expand their operation, franchises often tend to outperform their in house counterparts since the business operators are the owners and have a vested interest in success. Franchising uptake increases in a recession...

As a Franchisor, what terms should be in your Franchise Agreement?

As a franchisor your key concerns will be to ensure that your brand, know how and goodwill are protected, that you receive payment for allowing others to use your know how and experience in their own business, and that if the a franchisee is in breach of the...

Franchise Agreements: as a franchisee, what terms would you expect to see?

It may come as a surprise that there is no legislation specific to franchising in the United Kingdom. As a consequence a franchisor is at liberty to strike whatever bargain it wishes with its franchisees. While that bargain will be subject to common law...

Do your non-compete clauses protect your franchise?

In the recent case of Francotyp-Postalia v Whitehead and others the High Court considered whether to sever a non-compete clause from a franchise agreement. Non-compete clauses (which are also referred to as restrictive covenants) help protect a franchisor...

Ability expand their Acclaim Driving Academy by franchising their business

Tracey Dickens, a Partner and one of Birkett Long LLP's franchising specialists, assisted Ability Driving Academy Limited with the preparation of their Master Regional Franchise and Franchise Agreements for their new franchise business, trading...

Franchisor owes a duty of care to franchisee

In the recent case of MGB Printing and Design Limited v Kall Kwik UK Limited [2010] EWHC 624 (QB), the High Court issued a warning to all franchisors, holding that a duty of care is owed by a franchisor to a potential franchisee. The facts of the case...

Franchisee representation on the BFA Board?

The British Franchise Association (“BFA”) has proposed to co-opt two franchisees to its board with the aim of being more representative of franchising as a whole. The aim is to give it a stronger voice in legislative and government matters but...

What happens if a franchisor fails?

The UK operations of coffee shop franchises Coffee Republic and O’Brien’s Sandwich Bars have recently gone into administration. With the economic climate there is a risk that other franchises will follow - what does this mean for the Franchisor...