Saturday, 16 August 2014

Franchising - the Ram and the Imp

Derby Ram
Jane Lambert

I mentioned the Hull Franchise Conference in my IP Yorkshire blog (see "Franchising - Hull Franchise Conference" 16 Aug 2014" IP Yorks). Well there are going to be franchising conferences in Derby and Nottingham on the 30 Oct 2014 - hence the Derby Ram - and Lincoln on the 27 Nov 2014 which is why we see the Lincoln Imp.

The Derby and Nottingham conference will take place at Nottingham Belfry Hotel, Mellors Way, off Woodhouse Way. Nottingham, NG8 6PY and the Lincoln one at The Petwood Hotel, Stixwould Road, Woodhall Spa, Lincolnshire, LN10 6QG.

You can book for both events by clicking here.

Lincoln Imp
Photo Wikipedia
As I said in IP Yorkshire I've been interested in franchising for many years. One of my first cases when I started to practise in Manchester was on behalf of a franchisee whose business failed because he had been forced to pay over the odds for supplies from his franchiser. Everybody including his solicitor and my clerk thought he was going down but I had read a report of R-161/84 Pronuptia de Paris GmbH v Pronuptia de Paris Irmgard Schillgallis [1986] ECR 353 in the Financial Times and thought I could do something for him. I was right and managed to negotiate quite a favourable settlement for him. Word got round and I found myself representing two other franchisees of the same operation with similar results.

The law changed immediately after that decision and now you have to be very careful before taking a franchisee. As I said after a visit to "Which Franchise" on 2 Oct 2011 "Taking a franchise may be the best thing you ever do" but it could also be the worst. To help prospective franchisees I published The franchise agreement: understanding what you are letting yourself in for. on JD Supra on 20 Jan 2012 and "Franchising - what can a franchisee do if things go wrong?".

If you want to discuss anything in these articles give me a ring on 020 7404 5252 during office hours or get in touch through my contact form.

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