A strong alliance

Goodman Derrick solicitors and David Bigmore & Co launched a combined franchise practice more than two years ago and since then, the association between the two firms has gone from strength to strength.

David Bigmore is acknowledged to be one of the UK's foremost franchising lawyers and as a result of the alliance, Goodman Derrick has created a team of partners and solicitors who are also now engaged in franchising matters.

Goodman Derrick identified some time ago that we were able to create a competitive edge through developing expertise in particular industry areas. We have always been recognised as having great expertise within the media sector and have recently been active within the hotel and leisure field with Goodman Derrick corporate partner, John Roberts, leading a series of acquisitions for a luxury hotel group.

The addition of David Bigmore's franchising experience was therefore an existing and natural development for us. We handle the full range of legal issues affecting the franchise industry, both in the UK and internationally. This includes preparing and advising on all types of franchise agreements, buying and selling franchisors' and franchisees' companies and businesses, related corporate matters (including advice on the sale of shares in a franchisor for a very substantial sum), litigation matters (including High Court injunctions in London), commercial property matters (leasing and sub-leasing by franchisors) and intellectual property and data protection matters.

For example, we have recently been involved in:
a) Advising an existing franchisor in the UK on taking a complementary master franchise from Australia
b) Establishing a master franchise in the UK of one of the world leaders in its field
c) The setting up of a master franchise/agency hybrid in Spain for a manufacturer of security screens. This involved the drafting of documentation and advising on commercial terms. The Goodman Derrick team also liaised with Spanish lawyers in relation to using the UK model agreement we had prepared.

Goodman Derrick also dealt with complex franchising and corporate work for a major national printing supplies franchisor, involving assignments and sale of rights agreements. This included liaison with Scottish lawyers in relation to issues north of the border.

We also acted on the sale of an emergency roadside repair service franchise for a franchisee to the franchisor. In addition, we advised on the acquisition of a major courier franchise from the franchisor for a franchisee and this involved reviewing the franchise agreement, an underlease (property was involved), an umbrella agreement, agency agreement and hire agreements for the provision of equipment in the franchise.

The Goodman Derrick team has worked with David Bigmore in acting for Jeeves of Belgravia (a subsidiary of Johnson plc) in relation to its international franchising transactions and also for Cartridge World Limited (winner of the Franchising Brand of the Year 2004) in relation to a multiplicity of different matters.

We are delighted that by virtue of the association, we continue to acquire new clients of a high standard. In addition to the preparation of franchise agreements and master franchise agreements, we are regularly consulted by groups of franchisees with complaints against their franchisors.

David Bigmore appeared in the national press in November 2005 in an article regarding the termination of 14 franchise agreements for franchisees of Van-fit Direct. This produced more than 80 new clients in four different franchised systems in the week following publication of the article. We have also just rescinded 16 franchise agreements for franchisees in another franchised system for misrepresentation.

The association between David's firm and Goodman Derrick means we can offer very experienced advice across the broad spectrum of legal issues involved in franchise law. We are delighted at the success of the alliance and hope that it continues to prosper.