Recent years have seen a marked increase in the frequency of groups of franchisees threatening legal action against their franchisor.
Russell is a Director in the Dispute Resolution and Franchising departments. His main area of practice is handling franchise disputes. He acts for well-known names in the franchising industry and, in some circumstances, for groups of franchisees conducting High Court litigation and mediations. He has an excellent record for securing injunctions to enforce non-competition terms in franchise agreements.
Russell is an experienced and successful commercial litigator who also handles high value professional negligence claims against solicitors, accountants and other professionals, as well as a range of shareholder, partnership and joint venture disputes.
Russell has been highly rated for franchising litigation by the Chambers Guide to the Legal Profession and the Legal 500 since 2008. The Legal 500 2022 Guide says Russell “knows all there is to know about the sector, understands the legal context and has an excellent creative legal mind.’
Recent Client Work
- LA Micro Group (UK) Ltd & Anr v LA Micro Group, Inc & Ors  EWHC 140 (Ch) - successfully acted for the Claimants in securing declaratory relief recording the ownership of the disputed shareholding and entitlement to the company’s profit in a computer wholesale business which has been the subject of litigation in the UK and California for a decade.
- Phytolux Limited -v- Plessey Semi-Conductors Limited (2018) - successfully acting for the Claimant at trial of a licence dispute involving horticultural lighting
- Frenkel -v- Lyampert & LA Micro Group (UK) Limited  EWHC 3121(Ch) successfully acting for second respondent in discharging an ex-parte injunction for material non-disclosure.
- Frenkel -v- Lyampert & Others  EWHC 2223(Ch) successfully acting for second and third Defendants in a multi-national shareholding dispute
- J-v-P Representing Claimant land owner in an action for negligence against their former solicitors. Settled confidentially at mediation.
- BDW Trading Limited v JM Rowe (Investments) Limited  EWCA Civ 548 - Successfully acting for Barratt Homes at trial and on appeal in respect of a conditional contract for development
- Peart Stevenson Associates Limited v Holland  EWHC 1834 - successfully representing Defendant franchisee in a claim for damages for fraudulent misrepresentation
- MGB Printing and Design Limited v Kall Kwik UK Limited  EWHC 624 - successfully representing Claimant franchisee in a claim for damages for breach of contract and negligent advice
- Dream Doors Limited v Lodge  EWCA Civ 1556 - succeeded, on appeal, in obtaining an injunction to enforce non-compete restrictive covenants against a former franchisee and later settling the dispute at a mediation
- Hay & Others -v- Alno UK  High Court trial for a franchisee seeking damages for fraudulent misrepresentation. Settled successfully part way through trial
- A & Others -v- Major High Street retailer  High Court trial in a fraudulent misrepresentation claim. Settled confidentially after trial.
- Cash Generator Limited -v- Fortune & Others  EWHC 674(Ch) acting for successful third respondent franchisee in insolvency proceedings.