Amy’s Recent Cases
High Court Injunction
Amy recently acted for a large UK franchisor securing an interim injunction restraining a former franchisee from trading in competition in its former territory as well as in any territory of any other franchisee of the franchisor. Amy also secured multiple delivery up injunctions to include customer and employee information, software and documents. In addition the franchisor recovered their legal fees.
Multi Unit Franchisee Exit
Amy recently successfully negotiated a multi unit franchisee’s exit from a franchise. The franchisee owned three franchise territories and operated a profitable business. The franchisee was able to exit the network on agreed terms and now operates its own independent business.
Fraudulent Misrepresentation
Amy has recently resolved a fraudulent misrepresentation case for her franchisee client, securing a compensatory payment of more than £240,000 for her client.
Bankruptcy
Amy recently successfully defended an application to make her clients, who were guarantors under a franchise agreement, bankrupt. The clients had entered into the guarantee on the basis of false information. The application was withdrawn part way through the Court hearing with the franchisor paying Amy’s clients’ costs.
Negotiated Exits
In 2022 Amy worked on a record number of negotiated franchise exits for her franchisees. In the last few months Amy has successfully negotiated terms with three franchisors which have allowed her franchisee clients, who have very successful businesses, to leave the franchise and to continue to trade independently. Amy was able to reach terms acceptable to both parties which covered extensively the terms of the exit agreement between the parties and all logistical terms required to facilitate the continuance of the businesses with the least disruption and in some cases compliance with all regulatory matters arising from the exit.
Termination of Franchise Agreement for Breach
Amy assisted a franchisor client with the termination of a franchise agreement. The franchisee was not declaring work that it had carried out to avoid paying management fees, it was operating a competing business whilst a franchisee and not using approved products for the services. The agreement was terminated, undertakings were given by the franchisee to prevent breach of the post termination provisions and damages and costs were agreed to be paid by the franchisee to the franchisor at mediation.
Negotiating a Resale Option as an Alternative to Termination for Breach
Amy assisted a franchisee client who had been suspended from their franchise business pending an investigation into a breach of the franchise agreement. Amy was able to negotiate that the franchise would be managed by an alternative person pending a resale of the business which was negotiated and completed within the following weeks.
Termination and Step-in of a Regulated Business
In December 2022 Amy assisted a franchisor client with the termination of a breaching franchisee’s franchise agreement. It was a regulated business so there were very critical post termination matters to be considered and dealt with. Amy guided her franchisor client through the logistics of the termination and the immediate step in and take over of the business so as to facilitate the ongoing provision of the regulated services with the least disruption possible.
