At Hutchinson Thomas we are skilled at negotiating and resolving franchise disputes. We have a broad understanding of the commercial aspects as well as the legal details of franchising and we will provide practical, helpful advice to resolve difficulties.
Expert legal representation and advice
If you believe that your franchise agreement has been broken, you should seek legal advice as soon as possible. Failing to address a situation can be risky. The franchisee may make further breaches of the franchise agreement and by not dealing with the problem, you could be deemed to have consented to the breach and lose your right to a legal remedy.
Our franchising team have experience across a range of sectors as well as expertise in resolving disputes. We understand the problems that disagreements can cause within a franchise and we will make an early intervention on your behalf to try and limit any damage.
It is in your best interests and the best interests of your franchisee to solve any problems you may be experiencing so that your business can continue and you can both focus on building a successful enterprise.
Common areas of dispute in franchising
Areas where disagreements can arise include the following:
• Failure to pay the agreed fees or share of profits
• Breach of the terms of the franchise agreement
• Breach of intellectual property rights
• Breach of agreed procedures
• Failure to perform agreed duties and obligations
• Disagreement in respect of ending the franchise agreement
• Breach of personal guarantees given under the terms of the franchise agreement
Resolving a franchise dispute
At Hutchinson Thomas we are commercially-focused and we understand the benefits of resolving disputes without delay. We will work with your franchisee and their legal advisors wherever possible to reach a negotiated agreement.
It is almost always preferable to resolve matters without recourse to the courts. Where necessary, we will represent you during mediation to find a mutually acceptable result. We are skilled negotiators and are usually able to deal with franchise disputes without the need for litigation. This saves a considerable amount of time, is more cost-effective and generally is a more satisfactory outcome for the good of a business.
Litigation results in an outcome being imposed which one party is likely to strongly object to and can make a future relationship very difficult. Successful mediation results in the parties coming to a mutually acceptable agreement and often allows those involved to continue their franchise venture together once differences have been addressed.
In the event that you do need to take your franchisee to court however, you can be sure of robust representation.
Hutchinson Thomas is the first law firm in Wales to be awarded the Law Society Mark of Excellence. The firm and many of our lawyers are recognised year on year in the Legal 500 publication as leading individuals in their field.
We have wide-ranging experience of the franchise industry and as well as leading expertise we provide an excellent service to our franchisor clients. We will take the time to understand your business needs and make sure we are always available to speak to you when needed to answer any questions you may have.
If you are involved in a franchise dispute or you believe that the terms of your franchise agreement have been breached and you would like to speak to one of our expert solicitors ring us on the following numbers or fill in our contact form.