Franchise Disputes

Whether you are a franchisor or franchisee faced with a dispute or litigation arising from a franchise agreement, then we are here to advise you and represent your interests.

Neil Williams, who heads up our Litigation and Dispute Resolution team, was formerly Head of the Franchise Litigation Team at Pinsent Masons and has considerable experience in this area.

Whilst franchisors and franchisees usually both set out with the best of intentions, disputes can inevitably arise between them, examples of which include:

• Disputes over sales, performance, marketing support, payment of commission, levels of commission etc;
• Disputes concerning alleged breach of restrictive covenants by the franchisee following the expiry or termination of the franchise agreement;
• Disputes involving allegations by one party against the other of breach of obligations contained in their franchise agreement or in any franchise manual;
• Disputes involving allegations of passing off, breach of copyright and/or trademark infringement;
• Disputes over actual or the attempted termination of a franchise agreement;
• Disputes over alleged misrepresentations or misstatements made to the franchisee by the franchisor at the outset, which the franchisee claims he relied on and which induced him to take out the franchise.

There is often an on-going relationship involved, calling for swift intervention and hopefully resolution of the issues in question for the benefit of both franchisor and franchisee.

We can assess the merits of the situation and advise you on possible options, which may involve seeking a negotiated settlement, engaging in a mediation and/or commencing litigation in appropriate cases.  In very urgent cases, injunctive relief may also need to be sought from a court to protect the interests, business and brand of the franchisor or the business of a franchisee.

If you have a franchise dispute or have issues arising from the franchisor/franchisee relationship that you would like to discuss, please contact the team.