UK Franchise Opinion and News

Franchise Opinions highlights the latest opinions, news and trends in UK franchising. The authors, all experts in franchising, are happy to share their advice and views with you.

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Franchise non compete clauses

Article by John H Pratt Hamilton Pratt

All franchise agreements contain both in-term non compete clauses and post term non compete clauses. In-term restraints prevent franchisees and the principals who have established the franchise from competing during the term of the franchise agreement. Franchisees and their principals are generally also required to devote their whole time and attention to the franchised business unless they have obtained the franchisor’s permission.

Avoiding liability for the actions of your franchisees

Article by Nicola Broadhurst Stevens and Bolton

A big dilemma for franchisors in an increasingly litigious society is how far can they go in controlling and helping their franchisees succeed before they fall into the trap of becoming so closely involved with them that they run the risk of being liable for any injury or loss caused through the latter’s negligence.

Why franchisors resort to deeper gagging clauses

Article by Manzoor G.K. Ishani Sherrards

Manzoor Ishani, of Sherrards, reports that gagging clauses are becoming more commonplace in franchise agreements and warns of the dangers that franchisees may face by defying them.

4 top direct-mail tips

Article by Dee Blick The Marketing Gym

The Chartered Institute of Marketing has hailed direct mail the comeback kid. Ignore it at your peril! Here are 4 tips to help you.
1. Establish objectives for mailing - If your aim is to continue selling your products or services in a mature market and you have a healthy client base, direct mail is ideal for selling more to existing customers. Information rich communications with genuine offers underpinned by great value will do the trick. But you have to know why you’re mailing; what you hope to achieve because this will feed in to your messages and your communications.

Are you a serial under seller?

Article by Dee Blick The Marketing Gym

It does not automatically follow that because you love what you do, you’re great at selling. Yet sales are the lifeblood of your business. Many a good business has failed to make the big time because they ignored marketing and sales. They slide into serious underselling without even realising it.

What franchisors should do to protect their brand and intellectual property rights

Article by Graeme Payne Bird & Bird

In this second article relating to a franchisor's intellectual property rights, Graeme examines the practical and legal steps that franchisor's should take to protect their brand. Regarding enforcement of intellectual property rights ("IPRs"), this article examines both the array of potential protection techniques as well as the scenario where a franchisor's franchisee infringes the franchisor's intellectual property rights.

Protection of key intellectual property rights for franchisors

Article by Graeme Payne Bird & Bird

Graeme Payne, Partner in the international Franchising, Licensing and Multi-Channel Strategies Group at Bird & Bird examines the key intellectual property rights that form part of a franchise business and how they should be protected. The key intellectual property rights which typically form part of a franchise business concept are: trade marks; domain names; copyright – particularly in respect of materials such as the operations manual, website text and advertising, marketing and promotional literature – and database rights.

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Authors

The British Franchise Association

(bfa)

The British Franchise Association (bfa), was formed to act in the interests of the industry as a whole in assessing and accrediting franchising companies as those which meet its criteria for the structure of the franchise business, the terms of the contract between franchisor and franchisee, the testing of the system and its success as a franchise.

Nick Williams

Ashtons Franchise Consulting

Nick Williams is an experienced national and international franchise development consultant who has worked in the UK franchise industry since 2000.

Richard Holden

Lloyds Bank

Richard Holden has over 30 years of experience working at Lloyds Bank and has spent the last 8 years heading up the bank’s franchise team.

Jane Masih

Owen White Solicitors

Jane is head of franchising at Owen White. Owen White is one of the leading franchise specialists in the UK with over 40 years experience of advising franchisors and franchisees.

Victoria Eustace

Owen White Solicitors

Victoria is an Associate Solicitor at Owen White Solicitors. She works on a broad range of matters including franchising and commercial contract disputes for franchisors and franchisees.

Chris Roberts

Chantry Group

Following the successful sale of Franchise Finance Limited to Hitachi Capital and the completion of a 12 month work-out period, I’ve been appointed as Chairman to assist with the relaunch and growth of the Chantry Group, consisting of the three divisions: 1) Franchise Recruitment, 2) Franchise Marketing, and 3) Franchise Valuations and Resales (new).

Suzanne Melville

whichfranchise.com

Suzanne Melville is the Marketing Manager for whichfranchise and has over 20 years of experience in franchising. Suzanne is very experienced in franchisee recruitment, working closely with franchisors to help produce tailored solutions for their franchisee recruitment needs.

Iain Martin

The Franchising Centre

Iain has been involved in matching individuals to opportunities for virtually all of his working life. Iain focuses on ‘matchmaking’ – helping national and international franchisors find suitable partners, and helping individuals seeking a franchise, to find one that matches their professional and personal requirements. He works with The Franchising Centre supporting international brands seeking UK partners, and has a separate business, Mr Franchise Ltd, which supports individuals seeking a suitable franchise.

Farrah Rose

The Franchising Centre

Farrah has unrivalled experience in international franchising and has been operating in this field since 1984. Initially working for major corporations, such as Burger King and Arcadia Group Plc, Farrah began advising businesses as a consultant in 1996. Farrah is now recognised as one of the leading authorities on international franchising and her expertise is sought by companies around the world.

Martin O'Neill

WJM

Martin is ranked as a leading individual in Franchising in the Chambers Guide to the Legal Profession 2015. He adds depth to the practice's franchising offering with his corporate and commercial experience, which includes contracts, purchases and sales. He advises an enviable list of business clients, and sources say: "He has always displayed sound knowledge with excellent presentation skills and technical ability."

Nigel Toplis

The Bardon Group

Nigel Toplis is Managing Director of The Bardon Group stable of franchises which includes Kall Kwik, Recognition Express, ComputerXplorers and Techclean. The Group specialises in developing and growing franchised businesses in the UK.

Bill Hendrie

The Franchise Development Centre

Bill has been active in franchising since 1994 working with both franchisors and franchisees. His business background covers a diverse range of sectors from retail to recruitment with his roles encompassing customer service, training, sales and marketing. As Franchise Director of a national recruitment company he has been instrumental in the launch of numerous successful franchisee start- ups.

Cathryn Hayes

Revive! Auto Innovations

Cathryn Hayes, Franchise Director at Revive! Auto Innovations, has over 20 years’ experience in franchising, formerly as Head of Franchising at HSBC and later as British Franchise Association (bfa) Head of Business Support. She has a high profile within the franchise industry, having been a judge for the prestigious bfa HSBC Franchisor and Franchisee of the Year Awards for many years. Cathryn contributes regular articles to the franchise press and other business media, as well as presenting at franchise exhibitions, bfa events and conferences, franchise and business events. She has achieved the bfa’s Qualified Franchise Professional status.

John H Pratt

Hamilton Pratt

John Pratt is the immediate past Legal Advisor to the British Franchise Association and a past Chair of the International Bar Association’s International Franchise Committee and Director of the American Bar Association’s International Franchising Division.

Matt O’Neill

Franchise Advisory Service

Matt O’Neill has more than 20 years’ experience in the world of franchising and has helped hundreds of people realize their dream of becoming business owners. Matt is currently the owner of Franchise Advisory Service, an independent franchise consultancy and Franchise Seminars, an online series of educational videos that give a step-by-step guide to franchising from the comfort of your home.

David Irving

Mundays

David's work is mainly of a commercial nature and covers a wide range of disciplines including professional partnership advice, joint venture agreements, general commercial agreements, and copyright matters. David has particular experience in the healthcare (particularly pharmaceutical and the acquisition of branded products) and logistics (including aviation) sectors.

Rev PR

Rev PR

Rev PR is a specialist franchise PR agency Headed up by industry experts Sally Anne Butters and Lucy Maisey, the team at Rev PR focus on PR to boost the businesses of franchisors and franchisees alike.

Andrew Quick

Stevens & Bolton

Andrew is a commercial disputes partner at Stevens & Bolton LLP and a member of its franchising team, as ranked in both the Legal 500 and Chambers UK Legal Directory.

Suzie McCafferty

Platinum Wave

Suzie is an active member of the UK and International franchise communities, and having grown her own franchise businesses both UK and Internationally within the retail and professional services industries, she is a regular key note speaker at leading franchising and business events.

Graeme Payne

Bird & Bird

Graeme is a partner in the Commercial Group of Bird & Bird, based in London. Graeme Payne is one of the leading advisers on franchising issues. He works closely with businesses to determine and develop the most commercially appropriate expansion models and routes to market.

Stuart Lee

Atlas Mapping

Stuart has hands-on experience of franchise territory mapping for over 150 brands in the UK and internationally. He works with a range of franchisors helping new franchises to establish strong territory foundations and supports international brands to analyse complex networks and apply best practise territory management.

Fiona Boswell

Fraser Brown

Fiona Boswell is Head of Franchising at Fraser Brown. Fiona co-ordinates the Fraser Brown franchise team that advise businesses on all legal aspects concerning franchising, including contracts, disputes, mediation, resales, international franchising, HR, property and brand issues. Fiona is a Chambers 2020 Ranked Lawyer and a Legal 500 2020 Recommended Lawyer.

Sarah Carlile

Coconut Creatives

Sarah Carlile is the Founding Director of Coconut Creatives, the franchise industry’s leading and award-winning provider of marketing services for franchise recruitment.

Nicola Broadhurst

Stevens and Bolton

Nicola is a commercial partner and heads up the franchise team at Stevens & Bolton. She specialises in the commercial aspects of franchising, advising both franchisors and franchisees but with a particular focus on international expansion.

Andrew Fraser

Albany Fraser Solicitors

Andrew Fraser is the owner of newly launched legal firm Albany Fraser Solicitors, a boutique commercial law firm with franchising at its heart. Before starting his own law firm, Andrew worked for Harper Macleod. Andrew acts on behalf of franchisors and franchisees throughout the UK on all manner of franchising issues including helping businesses to franchise, buying and selling franchised businesses, controlling franchise networks and managing franchise disputes.

Manzoor G.K. Ishani

Sherrards

Manzoor Ishani is a senior consultant solicitor with Sherrards, a commercial law practice advising franchisors and franchisees in the UK and internationally. He has specialised in franchising for more than 30 years and is a former member of the legal committee of the BFA and co-author of Franchising in the UK, Franchising in Europe and Franchising in Canada.

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