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Issues with franchising in an overseas territory—checklist

Issues with franchising in an overseas territory—checklist This Checklist sets out the issues for a franchisor to consider when preparing to operate the franchise in an overseas territory. The advance of technology has helped facilitate the rise of a global economy. This has led to the creation of opportunities for companies to trade outside of their domestic markets and exploit developing territories. However, a number of issues arise when a franchisor is preparing to operate in an overseas territory some of which are detailed below. PESTLE analysis A franchisor may wish to carry out a political, economic, environmental, sociological, technological, legal and environmental factors (PESTLE) analysis in relation to a new territory. The information obtained from the analysis can be used as a guide to strategic decision making when considering international franchising. Below is a list of legal and non-legal issues that might arise with international franchising. Political • There may be increased political or legislative risks that should be taken into consideration by businesses before they commence operations in...

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived]

Buying goods from the EU for supply in the UK in the event of no trade deal—checklist [Archived] ARCHIVED: This Checklist has been archived and is not maintained. Brexit: As of exit day (11 pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Checklist. For further guidance, see: Brexit Bulletin—key updates, research tips and resources and Brexit toolkit. On 3 February 2020, the UK and EU set out their opening negotiating positions for a post-Brexit UK-EU relationship. While the Political Declaration, appended to the Withdrawal Agreement, sets out the framework for the future relationship with the EU, it is not legally binding, meaning that either side can choose to depart from parts or all of the text. If negotiations for a trade agreement between the UK and the EU fail (a no trade deal Brexit),...

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Procurement process—flowchart—worked example

Procurement process—flowchart—worked example This Procurement process flowchart shows the order in which a procurement may take place, together with the elements to be considered to ensure that a transparent and suitable procurement process is followed. It also identifies Precedents available to assist you with the procurement process. This Flowchart is a worked example and is not intended to be definitive. Different organisations may well have very different processes, but it provides a good starting or reference point. The contract value figures have been included for illustrative purposes only. This Flowchart should be read in conjunction with Practice Note: Procurement risk management guide which identifies five key risk management priorities for in-house lawyers supporting the procurement process. See also Precedent: Procurement policy—internal. Note 1 When deciding whether or not you can use a supplier who has previously supplied goods/services to another part of the organisation you should consider: • satisfaction with the supplier • uniformity or standardisation requirements • price efficiency/economies of scale • desirability of reducing reliance on one...

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Contracts for the sale and supply of goods—business to business

This Practice Note provides an overview of the key legislation and regulation impacting business to business (B2B) contracts for the sale and supply of goods. It considers the use of standard terms and conditions versus bespoke agreements when documenting supply of goods transactions. It also provides an overview of different types of contracts for the supply of goods, and the key terms in those contracts, including provisions dealing with the description and specification of the goods, price and payment, delivery, acceptance, title and risk, retention of title and warranties.For guidance on legislation and regulation impacting B2B contracts for the supply of services, see Practice Note: Contracts for the supply of services—business to business. For guidance on considerations for commercial contracts more generally, see Practice Note: Key terms and conditions in commercial contracts.The supply of goods and services to consumers is significantly regulated and is not covered by this Practice Note. For guidance on business to consumer (B2C) contracts, see: Trading with consumers—overview.Key legislation and regulationThe key statutes to bear in...

Key terms and conditions in commercial contracts

This Practice Note considers some of the key terms and conditions found in business-to-business (B2B) commercial contracts. It sets out the general drafting considerations and considers some of the key operative provisions, such as term, primary obligations, warranties, price and payment, confidentiality, intellectual property rights, data protection, liability and limitation of liability, indemnities, termination, and consequences of termination.For links to more detailed commentary on commercial contracts, generally, see:•Commercial clauses—overview•Definitions—overview•Boilerplate clauses—overview and Practice Note: The role of boilerplateSee also: Commercial contract drafting and review—checklist and Commercial contract review and execution (business personnel)—checklist.For more specific guidance when considering the supply of services, see also Practice Note: Negotiation guide: services agreements.Initial considerationsStructure and formThe initial consideration for any contract must be what form it will take, and that decision will largely be informed by what the contract is seeking to achieve and in what environment it is expected to be entered into. For example, simple contracts are capable of being entered into orally, in writing or by conduct; whereas some agreements require greater...

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Greener and More Efficient HGVs in Road and Multimodal Transport Agreements (The Chancery Lane Project)

Greener and More Efficient HGVs in Road and Multimodal Transport Agreements (The Chancery Lane Project) This Precedent requires contracting carriers to use energy efficient vehicles for any road carriage under a transport agreement, or otherwise specify that a percentage of road journeys will use green HGVs. These sustainability clauses were produced by The Chancery Lane Project (TCLP) as ‘Greener and More Efficient HGVs in Road and Multimodal Transport Agreements’ and are reproduced with permission (and with some minor editorial changes). TCLP is the code name for the focused and collaborative effort of lawyers from around the world to develop new contracts and model laws to help fight climate change. For more information, see: chancerylaneproject.org. ½Û×ÓÊÓƵ® is proud to support the work of TCLP. Definitions Alternative Fuel • means fuel or power sources which serve, at least partly, as a substitute for fossil fuel sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and reduce the Carbon Footprint and includes but is not...

Termination letter—distributor to manufacturer

Termination letter—distributor to manufacturer [Manufacturer] [Address] Dear [Manufacturer], Distribution Agreement dated [insert date] (the Agreement) [This letter confirms our recent discussions.] In accordance with clause [specify number of clause containing termination provision], please take this letter as [[eg 90] days’ OR immediate] notice of termination of the Agreement. [The Agreement will therefore come to an end on [date].] [This is not due to any breach by you of the Agreement, simply that we intend in future to concentrate our commercial efforts in another direction. OR This, as discussed, is due to [set out details, eg failure to supply or support product], which is a material and unremedied breach by you of the Agreement. All our rights in relation to that breach, and otherwise, are reserved.] [ [We will submit no new orders, although we expect that those in progress [for which we have firm orders from customers] will be fulfilled. We will sell Products we hold in the normal way and in accordance with clause [specify]...

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Is a worker entitled to leave the employer's premises during their 20-minute rest break under the Working Time Regulations 1998 (WTR 1998)? WTR 1998 refers to the right to leave the 'workstation'.

Is a worker entitled to leave the employer's premises during their 20-minute rest break under the Working Time Regulations 1998 (WTR 1998)? WTR 1998 refers to the right to leave the 'workstation'. Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, reg 12(1), a worker is entitled to a ‘rest break’ where that worker works for more than six hours in a day. WTR 1998, SI 1998/1833, reg 12(2) provides for details of the rest break, including its duration and the terms on which it is granted, to be set out in a collective agreement or workforce agreement. Where there are no such provisions, the default position is that the rest break is for a minimum 20 minute uninterrupted period, which the worker is entitled to spend away from their workstation if they have one. WTR 1998, SI 1998/1833, reg 21 provides a number of exceptions to the right to a rest break, however where these exemptions occur, the worker is entitled to a compensatory period of rest (see...

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver?

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver? When it comes to statutory protections available to those engaged in industrial action or picketing: • statutory immunity is provided against liability in relation to economic or industrial torts for those involved in industrial action with their employer, which is done in contemplation or furtherance of a trade dispute (as defined), and which complies with specific balloting and notification conditions (see Practice Notes: The right to take industrial action and Balloting for and employer notification of industrial action) • protection against dismissal is potentially available for those participating in such industrial action (see Practice Note: Entitlement to claim unfair dismissal, particular the main section dealing...

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Examining UK and EU approaches to sanctions enforcement

Law360, London: Despite criticism of some aspects of the UK's sanctions regime, there appear to be signs of progress when it comes to enforcement. The consequences of breaching sanctions are beginning to be felt and a further step up in enforcement is expected in 2025.

IP weekly highlights—14 November 2024

This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.