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PRACTICE NOTES
Advantages • Cash flow benefits for lessee— the operating cash flow of the lessee is likely to be in a stronger position than under a typical loan structure as the lessee will be able to benefit from the use of the asset that it requires without having to incur a large capital expenditure up-front in order to purchase the asset. The asset will be paid for by the lessee from the revenue that it earns in operating the asset. The cost of the asset will be more equally spread across the useful economic life of the asset with smaller lease payments which clearly aids the cash flow of the lessee • Tax advantages—the lessor will acquire the asset and can benefit from capital allowances in respect of this purchase. In addition, the lessee will also benefit as this saving will be passed down to them in the form of reduced monthly rental rates • Improved security position for finance provider—under an asset finance transaction, the finance provider will be in a better
CHECKLISTS
This is a checklist of advantages and disadvantages of a franchising business model from the franchisee's perspective. Advantages • A franchisee can set up a franchise outlet relatively quickly with use of the franchisor’s brand and tested business model. Therefore franchisees might be able to see the results of their activities very quickly. • A franchised business will have the benefit of advertising and marketing support provided by the franchisor as set out in the franchise agreement. • A franchised business is often part of a network of franchisees which can provide support and assistance especially in the early stages of development. • The high street banks may view franchises as less risky than other forms of owner-managed businesses. The banks might be willing to grant loans to franchisees on more favourable terms and they often have specialist departments that deal solely with franchises. • A franchise agreement will be for a minimum fixed term which provides the franchisee with an opportunity to both establish the business and exit the business if things do
CHECKLISTS
This Checklist considers the advantages and disadvantages of a franchising business model from the franchisor’s perspective. There is regular interest in franchising as a business model however potential franchisors should consider whether it is right for their particular business. A list of advantages and disadvantages of franchising are set out below from the franchisor’s perspective. Advantages • Franchising is a popular model for business expansion and as such there are a number of high profile examples of successful franchises such as pizza chains, hotels and mobile phone stores. • Many of the high street banks may offer generous lending terms to franchised businesses because they might be viewed as less risky than other business models. • The franchise model may require considerably fewer employees than if the business network were owned by a single entity. This is because there is no need for the owner to open and manage a number of branches. • The franchisor may use the franchisee’s franchise fee to expand the business and reduce its debt. The franchise fee is an important
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the judgment of 23 May 2024; it is no longer maintained. See further, timeline and related cases. Case facts Outline Appeals by Advanz Pharma Corp. Limited, Ciniven Capital Management (V) General Partner Limited, Lexon (UK) Limited and Alliance Pharmaceuticals Limited & Another v CMA against the CMA’s decision of 2 February 2022 in its Chapter I investigation into suspected anti-competitive agreements in relation to the supply of 3mg buccal tablets in the UK and imposed fines totalling over £35m.. Latest development On 23 March 2024, the CAT issued its judgment in which is upheld the appeal and set aside the CMA’s infringement decision. In particular, the CAT held (amongst other things) that the: (i) CMA made material errors in its assessment of the factual evidence; (ii) evidence showed that Alliance
NEWS
MLex: The advent of artificial intelligence (AI) technologies may prompt politicians to push for a revamp of the EU's data protection rules and an ‘attack’ on key principles of the General Data Protection Regulation, the data protection supervisor for EU institutions said in an interview. Such a review may come in 2025, EDPS Wojciech Wiewiórowski said. EU officials should be prepared to defend the questioning of the GDPR's major principles.
GLOSSARY
means any outcome directly resulting from the non-performance of an affected obligation, or the enforcement of this clause [Force Majeure] in relation to that non-performance, which may have an adverse effect on the climate, and includes but is not limited to: (a) reduced Air Quality; (b) an increase in Greenhouse Gas Emissions; (c) dumping of stock that was created using Natural Capital; (d) wasted Embedded Carbon, or (e) [Insert other adverse effects].
GLOSSARY
These are rights, covenants, easements and restrictions affecting the land on which the project is being built which could affect the carrying out of the works or the later provision of services for the project.
GLOSSARY
means any outcome directly resulting from the non-performance of an affected obligation, or the enforcement of this clause [Force Majeure] in relation to that non-performance, which may have an adverse social effect, and includes but is not limited to: (a) the insolvency of a party; (b) redundancies over and above [x]; (c) an increase in poverty, deprivation or hunger, or (d) [Insert other adverse effects].
GLOSSARY
With two or more clients, one party is/is likely to become the opposing party on a matter whether in negotiations or in a dispute resolution.
GLOSSARY
The means of acquiring title to land by long possession.
NEWS
Property Disputes analysis: The claimant obtained planning permission and extended her top floor flat into the loft space above. The loft was subject to a lease in favour of the defendant’s predecessor in title and was granted without notice being given under section 5 of the Landlord & Tenant Act 1987 (LTA 1987) and without the knowledge of the claimant. The court held that the freehold lessor, the grantee of the defendant’s lease and the defendant were ‘unlikely to act independently of one another’ and, consequently, that notice given to the freehold lessor of the application for planning permission for the extension into the loft was sufficient to put the grantee of the lease under an obligation to speak. Their collective failure to speak meant that after 20+ years the defendant was estopped from asserting its title to the loft. Written by Max Thorowgood, barrister at Field Court Chambers.
PRACTICE NOTES
This is one of four Practice Notes on adverse possession. The others are: • Establishing adverse possession of land • Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 • Claiming title by adverse possession under the Land Registration Act 2002 Adverse possession of the demised premises by a squatter The tenant’s position A squatter will extinguish the tenant’s title to the demised premises if the squatter can show adverse possession for an uninterrupted period of at least twelve years: • at any time (where the lease is unregistered), or • before 13 October 2003 (where the lease is registered) As a result, the squatter will be entitled to apply to be registered as the proprietor. For further information, with particular reference to the position where the lease is unregistered, see HM Land Registry Practice Guide 5, para 7.1. For more information, see Practice Notes: Establishing adverse possession of land and Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925. If