Blog Post
Legalities of Franchising in the UK
Franchisors expanding to the UK need a thorough knowledge of any UK rules and regulations which may affect them, particularly in a post-Brexit Britain, as commercial lawyer Gordon Drakes explains. For any successful international business, expansion into the United Kingdom offers exciting new business opportunities and growth potential. The UK is also often chosen as a base from which to establish a launch pad for further expansion across the European Union.
Blog Post
Selective Distribution and Online Selling in Europe - Commission imposes heavy fine on Guess
Following an 18 month investigation into the distribution agreements and practices of clothing manufacturer and retailer Guess, on 17th December 2018 the European Commission (the "Commission") fined Guess EUR 39,821,000 for anti-competitive practices which included prohibitions on online selling and advertising.
Blog Post
Diamonds are forever – Court of Appeal rules in favour of diamond broker
In the case of W Nagel (a firm) v Pluczenik Diamond Company NV (2018) EWCA Civ 2640, the Court of Appeal has ruled that a diamond broker was entitled to compensation under the Commercial Agents (Council Directive) Regulations 1993 (the "Regulations"). This decision overturned the first instance judgement by Justice Popplewell in the High Court.
Blog Post
Terminating the right to terminate – UK Government announces measures to protect distressed businesses
The number of CVAs being deployed in the retail sector is on the rise, driven in part by the pressures on margins, increased costs and fierce competition from online sales. However, CVAs themselves are often not enough to save a failing business and this had led to the UK Government deciding to step in and take action
Blog Post
Retention of title and insolvency – best practice tips on how to protect your position
With a growing number of high profile and high value insolvencies in the retail sector, manufacturers and suppliers of goods need to ensure that they have adequate contractual protections in place. However, given the fast-paced nature of retail, parties in the supply chain often overlook or do not pay close and regular enough attention to the terms and conditions which regulate the supply of goods.
Blog Post
ASA overturns Kellogg's advert ban
This week, Kellogg has succeeded in having an adverse adjudication by the UK Advertising Standards Authority (the "ASA") overturned. In stark contrast to the original decision, the ASA has now ruled that Kellogg has not breached the BCAP Code, which applies to broadcast advertising and that the complaint is not upheld.
Blog Post
Brand Development Team news – new offices in Spain and latest law firm rankings
On 26th September, Fieldfisher formally merged with Spanish law firm JAUSAS. JAUSAS is a top 30 firm in Spain with over 90 employees including 14 partners and 60 lawyers. In the last month or so the major independent legal directories published their new rankings for 2018/2019 and it has been another great year for Fieldfisher's Brand Development Team.
Blog Post
Merchandising & Licensing Update - SDI Services Limited v The Rangers Football Club Limited
The relatively recent case of SDI Services v Rangers FC raises two interesting issues. The first relates to the construction of clauses in a Retail Agreement in light of the commercial relationship between the parties. The second is the Court's willingness to grant an injunction compelling a defendant to do something rather than abstain from doing something.
Blog Post
New 5 year strategy launched by the ASA
The ASA today launched its new strategy to 2023, covering 6 strands.
Blog Post
CAP Code's new data rules following GDPR
The CAP Code's rules relating to data have been revised to align with the standards set by the GDPR.