Posted on
15-02-10
Protecting the goodwill in a franchise - prevention is better than cure
At the heart of a franchise is the goodwill generated by the brand. This is what the franchisor has spent time and money developing and seeks to protect, in particular by the use of posttermination or “restrictive” covenants to limit the activities of former franchisees once their franchise has ended. It’s crucial that these clauses are carefully drafted so that they are not too restrictive, which would render them unenforceable. A couple of recent cases have highlighted the key points to consider.
Lucie Wigham, Associate
0845 274 6812
lucie.wigham@freethcartwright.co.uk
Posted on
25-01-10
PLANNING TO AVOID DISPUTES
A recent survey of the cause of commercial disputes indicated that simple improvements to risk management policies and procedures could significantly minimise the chance of becoming embroiled in costly disputes.
Posted on
18-01-10
The Provision of Services Regulations 2009
The Provision of Services Regulations 2009 (the Regulations) came into force on 28 December 2009. The Regulations oblige businesses providing services in the UK to make certain information available to their customers, and also to respond to complaints “as quickly as possible” using their “best efforts” to find a satisfactory solution.
Posted on
01-11-09
RIGGED CONTRACTS IN THE CONSTRUCTION INDUSTRY: LATEST NEWS
Background
The Office of Fair Trading (“OFT”) has fined 103 construction firms a total of £129.5 million for rigging activities in relation to construction contracts.
The firms were found to have colluded by disclosing to each other their intended quotes for tender. Firms then submitted cover bids designed to obscure the project cost, rather than to win the contract. Procurers were therefore misled in relation to costs, leading to their paying an inflated price.
These ‘cover bids’ have affected numerous public projects, such as schools and hospitals.
Posted on
12-08-09
Does my company need to update its articles?
This bulletin focuses on how changes introduced by the Companies Act 2006 (”the 2006 Act”) impact on the articles of association of a company which was formed before 1 October 2009 (”an Existing Company”) and why such a company might wish to review and amend its articles. Caroline Williams
Posted on
23-09-08
Companies Act 2006.
We are now at the penultimate stage of the phased implementation of the 2006 Act. Previous stages brought in changes relating to the administration of companies and put in place a statutory set of directors‘ duties for the first time.What are the main changes coming into force on 1 October 2008?
Posted on
15-05-08
In this issue we look at the next stage of the phased implementation of the Companies Act 2006 i(from 6 April 2008) -What are the main changes that will affect you?; a brief round-up of recent developments for landlords and tenants; Budget 2008; Freeth Cartwright’s The Sunday Times 100 Best Companies to Work for 2008 award and details of how to enter a team for our Corporate Challenge bike ride!
Posted on
11-04-08
Data Protection - New CCTV Code of Practice launched
Time to review your CCTV Practices
If your organisation uses CCTV or a similar device to record people then the attached article on the Information Commissioner’s new Code of Practice may be of interest.
The Information Commissioner’s Office (ICO) has issued a new Code of Practice for CCTV, setting out guidance for organisations using CCTV, on best practice for compliance with the Data Protection Act 1998 (DPA).
The new Code aims to reflect recent developments in CCTV technology, and to put in place safeguards regarding its use. The Code is very different to the old one, which was published in 2000, so organisations using CCTV will have to review their policies and practices to ensure they remain compliant.
Here’s a brief overview of the new guide.
