Blog Post
New Franchise Law in Saudi Arabia
On 25 October 2019, a new Franchise Law was issued in Saudi Arabia, which is due to come into force in six months' time.
Blog Post
Another great year for the Franchise, Advertising and Commercial team in the legal rankings
In the last month, the major independent legal directories in the UK published their new rankings for 2020 and it has been another great year for Fieldfisher's Franchise, Advertising and Commercial Team.
Blog Post
It's a wrap – what lessons can franchisors learn from the demise of Wrapchic?
Wrapchic, the Asian fusion QSR concept, fell into administration earlier this year after shareholders refused to lend further funds as it continued to make losses. Wrapchic is one of a number of recent casualties in the food and beverage sector in the UK, but unlike some of the more high profile casual dining brands which have suffered a similar fate, Wrapchic was almost entirely franchised and operating in the generally more resilient "QSR" segment of the sector. So why did it fail and what lessons can franchisors learn from this?
Blog Post
Indonesia: key changes to franchising law as Minister of Trade issues new regulation
The Minister of Trade of the Republic of Indonesia (MOT) has recently issued MOT Regulation No. 71 of 2019 on Franchise (Regulation 71). This regulation revokes the previous regulations on franchise businesses. Significantly, this regulation removes some of the onerous provisions which apply to foreign franchisors looking to expand into Indonesia.
Blog Post
Implied terms – a Mantra for victory
A sports marketing company ("Sports Mantra") acting under an agency agreement (the "Agency Agreement") to introduce a sports team ("Force India") to sponsors was not entitled to commission where a sponsor it had introduced to Force India (such sponsor known as "Sahara Adventure") later agreed to buy shares in the team's parent company ("Orange India Holdings").
Blog Post
Political Advertising - it's time for greater regulation
The House of Commons Library has just published a briefing paper setting out how political advertising is regulated in the UK. It is clear that the current system of regulation is not satisfactory.
Blog Post
International Supply Terms - what's new in Incoterms 2020?
The International Chamber of Commerce has published the new Incoterms 2020. The new rules will enter into force on 1 January 2020.
Blog Post
ASA rules that a Home Office 'EU Settlement Scheme' advert is misleading
The Advertising Standards Agency has upheld a complaint against the Home Office in relation to its marketing of the (somewhat controversial) EU Settlement Scheme.
Blog Post
Casio fined £3.7 million by the Competition and Markets Authority for restricting online discounting of digital pianos and keyboards
The Competition and Markets Authority (CMA) has ruled that Cassio Electronics Co. Limited has infringed competition law by engaging in the illegal practice of resale price maintenance (RPM) which is designed to restrict retailers' freedom to set their own prices.
Blog Post
Economic duress and franchising: when does a threat not to enter into a contract amount to economic duress?
In the recent case of Times Travel (UK) Limited v Pakistan International Airlines Corporation, the Court of Appeal considered whether a threat not to enter a contract could amount to economic duress, holding that this would not be the case unless the threat was made in bad faith. This decision clarifies the scope of economic duress and this article consider these issues in the context of franchising. Franchise renewals often contain terms which can seem unfair, such as an obligation to pay renewal fees, a waiver of existing claims and an obligation to enter into the franchisor's then current standard franchise agreement. A franchisee will feel they have no option other than to acquiesce and enter into the renewal agreement in order to secure their business for the renewal term.