Misrepresentation is a common claim that franchisees bring against their franchisor when they feel that they have been mis sold a franchised business.

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For non-lawyers the court hierarchy system might be confusing. For example, what is County Court? Why is is a claim issued Queen's Bench Division? How do I make an appeal to the Supreme Court? 

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Estate agents and recruitment consultants are two of the most common types of agents that are paid based on commission for their assistance in a transaction, whether that is the sale of a home or the placement of a candidate.

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In these uncertain times, courts are managing proceedings in a variety of different ways from telephone hearings for applications to trials by video conferencing.

We recently conducted a remote trial in the Reading County Court by which all parties, legal representatives and witnesses attended by video conference.

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The global coronavirus pandemic is going to make it difficult or impossible for franchisors and franchisees in a wide range of circumstances to fulfil their contractual obligations. It is likely that many such parties will seek to argue that they should be released from those obligations by virtue of a force majeure clause or under the doctrine of frustration.

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The pandemic of Coronavirus is already having dramatic impact on our everyday lives but also on all businesses of all sizes.

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Part 36 offers are a useful tactical step a party can take in legal proceedings to attempt to focus the other side on settling proceedings. It can put pressure on an opponent to come to the table and settle a case whilst importantly protecting the offeror’s position on costs.

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Over the years, franchising has gained a, somewhat unfair, reputation for disputes and litigation between franchisors and franchisees.

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There has been much debate amongst lawyers in the last couple of years about whether the Courts are becoming more ‘franchisee-friendly’.

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The recent High Court decision in MGB Printing & Design Limited v Kall Kwik UK Limited has once again emphasised the fact that if franchisors make rash promises which they cannot fulfil they will be held to account.

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