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www.boddymatthews.com

EMPLOYMENT

  • Rolls Royce Power Systems AG
    • Legal adviser on TUPE aspects to Rolls Royce Power Systems as one of the suppliers to the consortium appointed by the Department for Transport to replace the UK's current fleet of high speed trains pursuant to its PFI InterCity Express Programme. The project involves the supply and maintenance of new fleets of trains over the next 30 years, and the construction and refurbishment of several maintenance depots. Under the MTU brand, RRPS have developed and produced high speed engines for these trains.
  • Caremark Ltd
    • Acting for this major household name as franchisor in the domiciliary care sector in full range of employment and HR legal issues, including national minimum wage issues, holiday pay issues, employment status including zero hours contracts, live in workers, working time/ NMW and sleeping time, working time / NMW and travel time, TUPE advice in relation to second generation contracting and outsourcing, TUPE advice in relation to insolvent franchisees.
  • PJ Pipe & Valve Co Ltd
    • Ongoing Employment and HR legal support with full range of employment and HR legal issues from recruitment to post termination including restructuring exercise and change management; reviewing and revising employment framework documents including service agreements, non executive director service agreements, employment contracts; advising on cross border issues and local issues with group companies in USA and Singapore.
  • Shillington College Ltd
    • Employment and HR legal support in connection with day to day issues for this private further education college, specialising in graphic design. Most recently including advice and support with a redundancy process for a non EU immigrant employee and the implications and effects of the sponsorship of her visa by the company on her employment situation. Advice included the relationship and difficulty in the priority of employment and immigration legislation, redundancy procedure and consultation and grievance processes.

DISPUTE RESOLUTION/ LITIGATION

  • Caremark Ltd
    • Acting for the Claimant, a major household name as franchisor in the domiciliary care sector in pre action and subsequent proceedings in the Queens Bench Division of the High Court. Claims for breach of contract and/or unlawful and wrongful conduct and/or procurement of breaches. Claim for injunctive relief  in relation to a franchise business in the domiciliary care sector regarding restrictive covenants in term and post term.
    • Assisting the client to understand risks and rewards of the litigation process. Aiming to prevent the franchisee network collapsing and acting in competition/breach. 
  • Pepe’s Franchising Limited and Pepes Piri Piri Limited
    • Acting for Claimant companies in court proceedings under claim number HQ16X02378 in the High Court, Queens Bench Division. Claims against 9 defendants for breach of contract, wrongful and unlawful interference and/or conspiracy in relation to in term and post term restrictions and competition. Important for the client to avoid setting a precedent for the other franchisees or challenge to its contractual terms and loss of profit from ongoing business over 5 years.
  • Sally Morgan Entertainments Limited and Sally Morgan
    • Acting for Sally Morgan an international Medium and Psychic and her company in relation to Inspiration Nation Productions Inc an artist talent booking agency in relation to live appearances and shows in the USA. Contractual dispute ending in an American Arbitration Association (AAA) Arbitration under the IDRC. This was important for our client as Ms Morgan’s personal reputation was at stake and her following over social media and credibility issues regarding non booking of appearances and TV and theatre shows

FRANCHISING

  • Caremark Ltd
    • Commercial franchising work. Advising leading franchisor and national provider of home care services with established network of c 80 franchise businesses in the UK on franchising strategy and risk management including renewal of Territories, advising on expiry issues and post termination of franchise licences in respect of insolvency and holding company structures. Protection of the trademark and brand and enforcing compliance in applicable territories across the UK and internationally. Boddy Matthews provide all of the legal documents required for this company’s franchising structure and network of franchisees. This is important to the client to ensure it operates efficiently and as a consistent proven business model over 80 franchised offices.
  • Lightning Strikes Limited t/a Gymboree UK
    • Acting for this international client Franchisor in the UK, which is part of the overall USA group. Enforcing breaches of contract by franchisees in numerous areas including diversifying of services into the cafe business from children’s soft play and failures to pay or to comply with the ongoing obligations. In addition a full service relating to strategy for the Franchise business and non contentious franchise commercial work regarding the Franchise Agreement.
  • Domestic Angels Limited Franchisor
    • Providing commercial advice and assistance to the Franchisor on franchising its domestic cleaning business. Review, preparation and drafting of the Franchise Agreement and associated documents to be rolled out to its new Franchise network. Advice on franchising as a concept and on the importance of brand and brand protection. Advice to client on the Manual and other commercial operational instructions. Important for the client to ensure its business model in franchising was correct and consistent with franchise principles and industry standards including compliance with the European Code of Ethics adopted by the British Franchise Association.
  • India Jane Franchisees GR Warneford (Farnham) Limited
    • Acting for the Franchisee, its shareholders and the principal guarantors of an India Jane furniture franchise. Boddy Matthews advised the clients on issues relating to under performance of the Franchisor and strategy for exit of the franchise. Negotiated a solution with the Franchisor to convert the Franchisee and clients to trade suppliers of India Jane Products and to permit continued trade free from anti competitive restrictions. Clients and all parties eventually satisfied with the solution and agreement reached. Boddy Matthews played a key part in negotiations with the franchisors’ solicitors and in helping to achieve the deal.

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