Knights plc

Experts

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Fiona Boswell
Partner
Knights plc
Shahjahan Ali
Partner
Knights plc
Contributions by Knights plc Experts

9

Challenging Workers and Temporary Workers sponsor licence decisions by way of judicial review
Challenging Workers and Temporary Workers sponsor licence decisions by way of judicial review
Practice Notes

A decision by the Home Office to refuse a Workers and/or Temporary Workers sponsor licence or to suspend, downgrade or revoke an existing sponsor licence does not attract a right of appeal. Since 6 April 2016, there has been a 'pre-licence error correction' procedure which has enabled sponsors to challenge the refusal of a sponsor licence application where there has been a 'simple caseworking error' or where supporting evidence sent with the initial application has not been considered. This Practice Note looks at how to challenge a negative sponsor licence decision by way of judicial review. It focuses on assessing the merits of a challenge, the investigation process, discussions and negotiations with the Home Office, and the letter before action.

Downgrading, suspension, revocation and surrender of Workers and Temporary Workers sponsor licences
Downgrading, suspension, revocation and surrender of Workers and Temporary Workers sponsor licences
Practice Notes

This Practice Note looks at the circumstances set out in the Home Office’s Workers and Temporary Workers Sponsor Guidance as to when the Home Office can or will downgrade an organisation’s sponsor licence from an ‘A’ to a ‘B’ grade, suspend or revoke the organisation’s licence. It also outlines how to surrender a sponsor licence and the effect of such actions on the organisation and its sponsored workers.

Reducing the risk of disputes arising in franchise agreements
Reducing the risk of disputes arising in franchise agreements
Practice Notes

This Practice Note highlights some of the key provisions in franchise agreements and in a franchise context that help reduce the risk of disputes arising between franchisor and franchisee.

Tier 1 (Investor): key practical considerations [Archived]
Tier 1 (Investor): key practical considerations [Archived]
Practice Notes

This Practice Note examines some common practical issues relating to applications submitted in the Tier 1 (Investor) category. It considers client management, other options such as the Tier 1 (Entrepreneur) category, the absences requirement for applications for indefinite leave to remain and naturalisation, dual citizenship, tax and English language requirements.

Letter of confirmation of legal advice—franchisee adviser to franchisor adviser
Letter of confirmation of legal advice—franchisee adviser to franchisor adviser
Precedents

This Precedent letter of confirmation of legal advice is to be sent from the adviser of a franchisee to the adviser of a franchisor. It confirms that the franchisee (and the principal of the franchisee) has received legal advice in relation to the franchise agreement and in particular in relation to any onerous provisions of it.

Letter of waiver—franchisee to franchisor
Letter of waiver—franchisee to franchisor
Precedents

This Precedent letter of waiver is to be sent from the franchisee to the franchisor. It confirms that the franchisee has not opted to receive legal advice in relation to the negotiation and execution of the franchise agreement and in particular in relation to seeking advice on any onerous provisions within it. The letter of waiver is executed as a deed.

Considerations for a franchisee when entering into a new franchise or purchasing an existing
Considerations for a franchisee when entering into a new franchise or purchasing an existing
Checklists

This is a Checklist of issues for a franchisee to consider prior to committing to enter into a franchise agreement or purchase an existing franchise. Taking a franchise is often a substantial financial investment and long term commitment for a franchisee and it is important they fully understand what they are getting into.

Franchise disclosure document—checklist
Franchise disclosure document—checklist
Checklists

This Checklist is for a franchise disclosure document or franchise verification documentation. It provides a list of the key elements for the franchisor to include within the franchise disclosure document or franchise verification documentation, to support its standing as a franchise business.

Taking instructions on a franchise agreement—checklist
Taking instructions on a franchise agreement—checklist
Checklists

This is a Checklist for taking instructions from either a franchisor or franchisee in relation to a proposed franchise agreement.

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