Franchising

IBB Owen White are one of the leading firm of franchise solicitors in the UK with over 40 years’ experience advising franchisors and franchisees.

Owen White Solicitors has merged with IBB Law, meaning we can now offer Owen White’s many years of specialist franchise law expertise alongside IBB Law’s extensive experience in the automotive and hospitality sectors and its full range of business legal services.

We provide a complete franchise legal advice service in all aspects of franchising for both new and established franchisors and franchisees. Drawing on the wide-ranging expertise across the firm, we can also advise on all of our clients’ other business legal needs.

The team is highly rated in both the Legal 500 2022 and Chambers & Partners Guide 2022 for Franchising. Our franchise solicitors are described by industry commentators as “exceptional in every respect” across both contentious and non-contentious franchising matters.

Our specialist team of franchising solicitors are recognised as second to none when handling a wide range of franchise business sales and purchases. We also have a strong franchise disputes resolution practice, having been involved in many of the leading franchise disputes cases in the last 15 years.

Our franchise lawyers act for an ever growing client base reflecting the wide range of sectors in which franchises operates. This includes domiciliary care, fitness clubs, quick service restaurants, home services, courier and logistics and commercial and domestic cleaning services.

A complete service for franchising law

At IBB Owen White, our franchise lawyers can assist with all aspects of operating a franchise business, both for franchisors and franchisees. Our services include:

• Franchise agreement reviews
• Acting for franchisors
• Acting for franchisees
• Acting for action groups
• Franchise dispute resolution
• General franchise law advice
• Additional business legal services

Why choose IBB Owen White for help with franchising law?

The Franchising Law team at IBB Owen White can offer you:

• High level expertise and extensive experience across the full range of franchising law matters
• Experience acting for approaching 100 UK and overseas franchisor brands, with the team having been Affiliate Members of the British Franchise Association since 1977
• Independently accredited expertise, with the team being highly rated in both the Legal 500 2022 and Chambers & Partners Guide 2022 for Franchising
• Jane Masih is recognised in the Hall of Fame in the Legal 500 2022 Guide and as a Band 1 Franchise Lawyer in the Chambers & Partners Guide 2022
• Russell Ford is recognised as a Band 1 Franchise Lawyer in the Chambers & Partners Guide 2022
• Lynsey Smith is described as a “force to be reckoned with” in the Legal 500 2022 Guide

Contact our franchise lawyers

To discuss your requirements with a member of our Franchise Law team, please call 0330 013 0233 or email russell.ford@ibblaw.co.uk or jane.masih@ibblaw.co.uk.

How our franchising solicitors can support you

Franchise agreement reviews

We offer a comprehensive franchise agreement review service for all prospective franchisees for a fixed fee. This includes a written report outlining the principal terms and highlighting any unusual or onerous provisions. Our franchisee lawyers also offer a follow-up telephone consultation to ensure that all concerns are addressed.

This service helps to ensure prospective franchisees fully understand the terms they are being asked to sign, including all of their obligations and any areas of legal risk.

Find out more about our franchise agreement review service.

Acting for franchisors

We provide a comprehensive service for franchisors, helping them to effectively operate their franchise networks while effectively mitigating any potential risks.

Our franchise lawyers can advise on matters including:

• Advising on the establishment of franchise networks including drafting franchise agreements
• Amending and updating franchise agreements and franchise documentation
• Overseeing and managing resales between outgoing franchisees and incoming franchisees on behalf of the franchisor
• The enforcement of post-termination restrictive covenants against former franchisees
• Advising on disputes with franchisees including claims for breach of contract and misrepresentation
• Enforcement of franchisors’ intellectual property rights, including trade mark infringement and passing off
• Acting on the acquisition of UK master licence rights

Acting for franchisees

We can support franchisees at every stage of their business journey, helping them to set up and run their franchises successfully.

Our franchisee lawyers can assist with matters including:

• Fixed-fee franchise agreement reviews
• Advice on buying and selling existing franchise businesses
• Advice on the sale and purchase of multi-unit franchises
• Advising on termination of franchise agreements
• Advising on misrepresentation issues, claims for damages for breach of contract and negligent advice by franchisors
• Advising on premises acquisition and lease negotiations

Acting for action groups

We have strong experience advising and representing franchisee action groups, making sure their interests are protected at all times.

We can assist with matters such as:

• Representing dozens of action groups of franchisees, involving allegations of breach of contract by the franchisor
• In 2019, representing Cash Generator franchisees in their buy-out of the business and brand and in 2020 working with the franchisee shareholders of the consortium buying Rainbow UK
• Advising on and negotiating changes to franchise agreements proposed by the franchisor

Franchise dispute resolution

Our experienced team of franchise dispute lawyers act for franchisors, action groups of franchisees and individual franchisees in a wide range of franchise disputes.

We can assist with franchise disputes related to matters including:

• Franchisee Misrepresentation Claims
• Breach of Contract and Compensation Claims
• Injunction Proceedings
• Enforcement of Restrictive Covenants including Restraint of Trade

We take a proactive approach to achieve the best possible result for our clients, being mindful always of the need for swift resolution of franchise disputes in a cost effective manner.

Where appropriate, we represent franchise clients in injunction proceedings in order to achieve an immediate interim remedy until their wider claim is heard by the court.

Increasingly, we encourage our clients to seek to resolve disputes through mediation and other forms of alternative dispute resolution. These alternatives to court proceedings can offer a more cost effective approach.

General franchise law advice

We can offer advice on all of the common legal issues facing franchise businesses, as well as any more niche issues you might run into that other firms may not have the specialist expertise to handle effectively.

Our franchising solicitors’ expertise includes:

• Setting up a franchise
• Franchise contracts
• Drafting franchise and master licence agreements
• Acquisition and sale of franchise networks
• UK and EU competition law and relevant exemptions
• Franchise resales
• Franchise dispute resolution and mediation
• Acquisition of premises
• Trade mark advice and brand protection
• Employment and HR support
• Franchisee associations

Additional business legal services

Alongside our expertise in franchise law, our firm can also assist with all of your business legal needs, including in areas such as:

• Corporate and commercial law
• Commercial real estate
• Employment law for businesses
• Corporate restructuring and insolvency
• Intellectual property and brand protection
• Commercial dispute resolution

Further information about franchising law

You can read more about franchising law and issues affecting franchise businesses in the articles below:

• Are you aware of the key terms of a franchise agreement?

We produce a variety of newsletters and reviews covering changes in legislation, topical news and issues affecting franchising. If you would like to subscribe, please contact deborah.roberts@ibblaw.co.uk.

Contact our franchise lawyers

To discuss your requirements with a member of our Franchise Law team, please call 0330 013 0233 or email russell.ford@ibblaw.co.uk or jane.masih@ibblaw.co.uk.