Planning and strategy are vital. Prior to formalising the disagreement with your franchisor, you need to decide if you want to remain as a franchisee or leave. This is a key question because the answer will determine the best strategy to adopt. If your decision is...

History tells us that when there is a change of ownership in a franchised business it is often bad for the franchisees. Very few businesses remain in the same ownership for more than one generation. Most founders eventually sell out and businesses that are already...

The old ‘5-P’ adage ‘proper planning prevents poor performance’ was never more appropriate than when resolving a franchise dispute. This is equally applicable whether you are a franchisee or a franchisor. For the aggrieved party, regardless of which side of the...

As there are a much larger number of franchisees than franchisors in the UK, it is not surprising that over half of our clients are franchisees. This has given us the opportunity to detect similarities in the problems that franchisees face when things go wrong....

The recent judgement in the litigation between a number of sub-postmasters and the Post Office could have an impact on the franchising industry. A question raised during the hearing was:“Was the contractual relationship between the Post Office and sub-postmasters a...

The relationship between a franchisee and a franchisor is inherently unstable because although the franchisor isn’t the boss and the franchisee isn’t the employee, it can sometimes feel that way. The perception is that the franchisor calls the shots and the...

To the uninitiated, franchise agreements may appear to be heavily weighted in favour of the franchisor. They contain a large number of clearly defined actions that the franchisee must carry out while running the business. There are restrictions on exactly where...

Mediation is by far the most effective and least costly method of resolving a franchise dispute but, not surprisingly, success is dependent on appointing the right mediator. In a mediation, the mediator is neutral and non-judgemental. He or she works with each...

The ability to be in control is central to the concept of franchising. Franchisees are independently minded individuals who wish to have a greater level of control over their working lives than they would have as an employee. Franchisors regard the ability to...

The short answer is; sooner rather than later. The reason for this is that generally, the longer a dispute remains unresolved, the more the parties become entrenched and determined to defend their positions. It is not long before solicitors are consulted, and legal...