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Hardwicke Franchising Day – Business as Usual?

Hardwicke Franchising Day – Business as Usual?

24 Sep 2020, 09:30 - 16:00

This year’s Hardwicke’s annual Franchising Day will be taking place online.

We have a day of informative and interactive sessions planned which will:

  • bring you up to speed with recent case law
  • take a look at some specific issues those involved in the franchise arena may experience, particularly as a result of the recent pandemic, relating to property and insolvency issues
  • involve workshops looking at specific clauses in franchise agreements which cause problems, such as entire agreement clauses

The programme is set out in the timetable below and we do hope you can join us.   It would also be helpful to know in advance if you are intending to join a workshop session and, if so, which one.

Whilst we hope to see many of you throughout the day, we appreciate that not all of you will be able to be with us for the whole day.   Please do therefore feel free to drop in and out of the sessions to suit your own commitments.   We have also built in breaks throughout the day to allow people to check emails, make calls, have lunch etc.

Please email: events@hardwicke.co.uk if you would like to attend.

09:30 – 10:00 Case update

Paul Strelitz and Emma Hynes pick up on some of the key recent cases affecting those involved in the franchise market

10:00 – 10:30 Key issues regarding business leases for franchise lawyers

This session presented by John Clargo, Jack Dillon and Peter Petts, will focus on those provisions of the Landlord & Tenant Act 1954 which cause the most issues for franchisors/ees namely occupation, renewal, contracting out and compensation.

10;30 – 11:30 Coffee break
11:30 – 12:00 Insolvency update (with a Disclosure Chaser)
Charles Raffin and Usman Roohani will discuss some potential implications for franchising of the Corporate Insolvency and Governance Act 2020, which has brought about some of the most significant changes in corporate insolvency law in nearly 20 years.   Time permitting, they will flag several recent cases concerning the Disclosure Pilot Scheme of general relevance to franchising disputes.
12:00 – 12:30 IP Rights & Brexit: what franchisors and franchisees need to know
One way or another, it seems that Brexit is finally about to happen. In this talk Ian Silcock will consider the likely impact upon franchisors’ and franchisees’ intellectual property rights, and steps that may be taken to protect those rights in view of the coming changes.
12:30 – 14:30 Lunch break
14:30 – 15:15 Breakout sessions

Delegates to choose between one of the following.  The main issues for each session will then be discussed in the final plenary session.

Breakout 1: Entire agreement clauses in franchising: are they fit for purpose?

Every good franchise agreement has an entire agreement clause (“EOA”) but how effective are EOAs at defining “the four corners” of the contract? Do they prevent the implication of terms or subsequent oral variations? Do they prevent liability arising under collateral warranties? Given the importance of pre-contract representations in the franchising sphere, do EOAs protect franchisors from liability for misrepresentation? At a policy level, does the common law on EOAs strike the right balance between the interests of franchisors and franchisees or is it time for a statutory franchising code? Join Nigel Jones QC and Aileen McErlean for an informative and interactive discussion.

Breakout 2: Making Exclusivity Fit for the Future – Beyond Territories

Developments in technology, remote working and connectivity are key drivers for change in business. Covid has put the possibilities into sharper focus. Brie Stevens-Hoare QC and Ebony Alleyne will be hosting this workshop to explore how those changes can be translated into a franchise agreement. In franchising the territory was key and all too often a source of tension. Can we and should we abandon physical boundaries? Can we look at them another way and perhaps make them fit for the future? What other boundaries or defined limits might work and create more opportunities??This session will make time for a lively and creative discussion.

Breakout 3: Liquidated Damages Clauses in Franchising

David Lewis QC and Martyn Griffiths will lead a discussion on the use of liquidated damages clauses in franchising. This will cover a brief overview of the law in this area and the examination of a sample clause. If any attendees have recently incorporated a liquidated damages clause that they would like to discuss, they can submit it to David and Martyn in advance of the session.  Time permitting, the session will move on to consider whether such clauses could be used in franchising after Morris-Garner v One Step [2018] UKSC 20 and the removal of Wrotham Park damages

15:15 – 16:00 Plenary Session
This interactive discussion, chaired by Laurence Page, will summarise and discuss the key points raised in the various workshops alongside debate of any other issues that delegates would like to raise.
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