COMMERCIAL LAW

Franchising

Franchising can encompass many different areas of law, including commercial property, intellectual property, employment, corporate and commercial law. Our expert legal team can provide advice on all aspects of franchising, ensuring the process is completely lawfully at every step. Whether you are setting up a new franchise, reviewing a franchise agreement, re-selling or establishing a franchise network, we can provide legal help and guidance. Other common aspects of franchising include disputes and resolution, trademarks, scope of operation and TUPE obligations. Whatever stage of the franchising you are at, our legal team can help, as well as providing ongoing support with new and updated legislation.

For more information about our commercial law services please call us on +44 (0)20 3475 6751 or email info@carterbond.co.uk

More information about Franchising

Are you looking for more information about franchising? Read our legal guide to franchising in England and the laws which apply to all parties.

Franchising provides the opportunity for businesses to expand more rapidly while simultaneously offering others the chance to run a successful operation which has fewer risks. The backing of a proven brand which has an existing customer base makes the idea of franchising appealing to many potential business owners.

Whether you are considering entering into a franchise agreement, or you’re a potential franchisor hoping to set up a network, we can help. With services which span everything from setting up a pilot franchise to assisting with franchise terminations and disputes, we have the experience to support you every step of the way.

    Franchising in the UK

    The franchising industry in England (and the whole of the UK) is overseen by the British Franchising Association. This self-regulation is supported by a Code of Conduct which has been adapted from the European Code of Ethics for Franchising.

    There are no specific franchise laws in the UK but the BFA Code of Conduct is widely viewed as the gold standard, even for non-members. This was demonstrated in the case of Drivertime Recruitment Ltd. re DST Ltd. where the UK High Court made reference to the Code when determining acceptable standards.

    Legal Considerations

    There aren’t any particular laws which set out when a franchise can be opened but the BFA recommends that at least one unit should have been opened in the UK to prove viability.

    While the BFA Code encourages “fairness” in all dealings between the franchisor and the franchisee, there is no legal obligation for the two parties to continue to act in good faith. There may be a clause in the contract which binds the franchisee to act in good faith towards the franchisor.

    The one piece of legislation which is relevant to franchising is the UK Competition Act 1998 (Competition Act). This means that if a franchise agreement is considered to be restricting trade or minimising competition in the UK, it may be made void.

    Due to the potential pitfalls in making, amending or terminating any franchise agreements, it’s essential to obtain legal advice at each stage.

    YOUR COMMERCIAL LEGAL TEAM
    Naju Chowdhury

    Naju Chowdhury

    Commercial Solicitor

    e: naju@carterbond.co.uk
    t: +44 020 3475 2719
    m: +44 07538 397 7721

    READ MORE >


    Hammad Naveed

    Hammad Naveed

    Corporate Solicitor

    e: hammad@carterbond.co.uk
    t: +44 020 3475 2729
    m: +44 07377 190 406

    READ MORE >


    Reena Popat

    Reena Popat

    Managing Partner

    e: reena@carterbond.co.uk
    t: +44 020 3475 2724 
    m: +44 07931 347 854

    READ MORE >


    COMMERCIAL HIGHLIGHTS

    We were awarded the ‘Commercial Lawyers – London’, in the 2020 UK Enterprise Awards

    WHY CARTER BOND
    Partner Led

    Unlike many law firms when we say partner or barrister led, we mean partner or barrister led. When clients work with us, they get constant access to the lead on their instruction. Yes, we have a team of solicitors and juniors for some of the groundwork and necessary research required by our clients, but this is when it makes financial sense to the client for us to do this. We provide constant contact at no extra cost as part of our service as most of our lawyers have their own business, so they know first-hand how important having a proactive, responsible and trusted partner on their side can be. And also how to work to a financial budget, and the way that legal decisions impact the wider organisation, which often requires balancing risks and competing interests.

    Proactive Contact

    Many ask us ‘what’s different about you?’ and we like to reply, ‘because we go the extra mile’. We see our work as building and maintaining good business relationships rather than just earning fees. How we do this is by keeping in constant contact with our clients and intermediaries. From pre to post instruction we ensure that our clients are informed of all legal issues that may impact their business and therefore lives. That is why we provide daily or weekly updates to ALL of our clients whether there is anything to tell them or not (we don’t charge for this we just see it as part of our service). We like our clients to rest peacefully knowing that when we are instructed, and we say ‘we will take it from here’ they know we mean it.

    City quality, outer City fees

    The world is changing, and many individuals are realising that lifestyle is as vital to them as is income. We are the lucky ones who can hand pick lawyers who can provide the best quality advice but at outer city costs. Our offices are in North West London which may not be the most salubrious in the market but at the same time this allows us to charge our clients for what they pay for, our advice NOT our office space.

    ALL our lawyers have previously worked in large city-based law firms and continue to practise and offer  the same high level service  they provided to clients in the City but without the pressure and demands often dictated by City law firm. This allows us to be competitive on our fees without compromising our service.

    All in all, our clients win, which is the way we like it.

    Our knowledge and resources are yours

    All our clients benefit from the same high level of care and attention whether the instruction is big or small. At the outset of each matter, we discuss the entire process with our clients, including the costs, potential outcomes and issues associated. This is to ensure clients are fully aware, knowledgeable and are in control always. Supporting and ensuring we provide the highest level of services, we offer our constant contact process with the partner or barrister leading  your file, a document log in for matters which are for larger and more complicated instructions and on-going support post transaction should our clients require it. Our aim is not just to get the work done, but to make our clients’ lives easier as we do it, which is why we ensure that our clients have regular access to the resources they need from us.

    KIND WORDS

    “Cannot recommend highly enough!”

    Richard Stewart, Brambling Properties
    Richard Stewart,

    “Very professional.”

    Rakesh Dua, Dua & Co Chartered Accountants
    Rakesh Dua,

    “Their legal knowledge coupled with excellent client delivery is unique to the marketplace.”

    Trushār Patel, Love Vivacity
    Trushār Patel,

    “Fantastic service!”

    Faith Yildirim, Forever Forever Limited
    Faith Yildirim,

    “Excellent and efficient service.”

    David Rogers, Fairlop Properties
    David Rogers,

    “I would definitely recommend Carter Bond to all.”

    Deepesh Hirani, Infatech Security Systems
    Deepesh Hirani,

    “Excellent service and advice.”

    Dipak Hirani, Corecon Limited
    Dipak Hirani,

    “I would highly recommend the services of Carter Bond for any type of corporate or commercial work.”

    Enis Rafat, MIYA Solicitors
    Enis Rafat,

    “Very impressed with the high calibre team and wouldn’t hesitate to recommend them.”

    Thipa Moorthy, Subara Block Management
    Thipa Moorthy,

    “Very good and quick service.”

    James Batchelor, JHJ Property Investments Ltd
    James Batchelor,
    HELPFUL RESOURCES
    6 Things to look out for when buying a franchise business

    6 Things to look out for when buying a franchise business

    6 Things your solicitor can teach you about business

    6 Things your solicitor can teach you about business

    How to dismiss a company director

    How to dismiss a company director

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    GET IN TOUCH

    For more information, or to discuss your requirements, please contact our team on +44(0) 20 3475 6751 or info@carterbond.co.uk