Jurisdiction(s):
United Kingdom

Key definition

risk definition

What does risk mean? In legal practice, risk describes the possibility that a reasonably foreseeable circumstance or event could adversely affect legal rights, regulatory compliance, business operations, or the security of systems and data. The term is widely used across legal contexts, with certain regimes articulating it expressly. Cybersecurity: In the EU NIS2 framework (as transposed in Ireland), risk means any reasonably identifiable circumstance or event having a potentially adverse effect on the security of network and information systems. In the UK, the Network and Information Systems Regulations 2018 adopt a comparable risk‑based approach to security and incident handling; while “risk” is not defined as...

Franchise Agreements: Drafting and Management Strategies to Minimise Disputes under English Law

Published by a LexisNexis Commercial expert

Practice notes

There are many routes by which disputes may surface in a franchise setting, and these risks can be reduced by the terms you place in the franchise agreement and the way it is properly monitored. It is crucial that the agreement is not treated as a file to be tucked away and ignored until difficulties arise. Consistent oversight strengthens that mitigation. This Practice Note sets out several core provisions in franchise agreements, and within the wider franchise framework, that help to minimise the chance of conflict between franchisor and franchisee. Do not let it sit in a cupboard until issues appear.

Misrepresentation

A principal focus of the franchise agreement is to limit misrepresentation claims against the franchisor. Franchisees often cite being misled into purchasing the franchise as a justification for seeking early termination. The agreement combats this contention through a number of important clauses:

Entire agreement

This provision confirms that the ‘deal’ struck between franchisor and franchisee is contained within the written franchise agreement. Anything not captured or recorded in that document will not be treated as forming part of the parties’ agreement. The clause also expressly excludes statements or assurances made before entering into the agreement that may not...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Fiona Boswell

Knights plc

Fiona is Head of the Franchising and Commercial Services Team at Knights plc and has over 17 years’ experience in advising businesses on commercial contracts of all kinds and in particular on setting up, managing, growing and exiting franchise networks. This includes the preparation of pilot, master, development, management and standard franchise contracts, assisting with franchise roll out, advising on regulatory compliance, the management and removal of underperforming franchisees, terminating franchise contracts, enforcing restrictive covenants, charging deposits, franchisee associations, franchise resales and data protection compliance. Fiona’s experience has been gained both in private practice and working in house for brands that franchise in the UK and overseas. Her clients span the full spectrum of sectors from hospitality to domiciliary care.Fiona also advises franchisees that operate multiple units or multiple brands, advising on the acquisition of and operation of master...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...