Retail & leisure

Specialist legal advice to the retail and leisure sector

The retail and leisure market is going through a period of transformation driven by new technology and changing consumer habits.

Things change fast, and we know that attending to legal issues can be a distraction from the main focus of running a business, so we respond quickly to requests for help or advice. We look for the best solution for each situation and our advice is always commercial and practical. Our clients trust our expertise so that they can carry on running their businesses while we manage their legal issues.

We understand the challenges currently facing retail and leisure businesses and support our clients when they are making difficult decisions, whether that relates to new contractual arrangements, a commercial or operational dispute, making changes or additions to their property portfolios, or achieving the best outcome for business re-organisation.

Our retail and leisure legal expertise

Our retail and leisure teams have the skills and experience that come from advising a wide range of retail and leisure businesses over many years, from standalone stores to large retail chains and international brands; advising at the start of business ventures and throughout the management and expansion of the business. The scale and breadth of our expertise means our teams can support clients facing all eventualities.

Our teams advise on all issues affecting retail and leisure businesses and we provide expertise at a specialist level in our commercial property, property litigation, intellectual property and employment services. Our commercial property teams manage the property portfolios of national and international retailers; our commercial teams advise on commercial contracts including supply contracts, distribution agreements, technical contracts and terms and conditions; and our IP specialists advise global names on brand protection and anti-counterfeiting strategies.

We have recognised specialist knowledge of the fast food and casual restaurant sector, and we work with companies and individuals from across the whole supply chain.

We represent some of the best known retail and leisure businesses in the UK, including Lidl Farrow & Ball and BaByliss. Our retail clients include fashion superstars Fat Face, Superdry, Fred Perry, Ugg and Orvis. Our leisure clients include Burger King (a client for more than 18 years) and Turtle Bay Restaurants and Wembley Stadium.

We also advise household names including Canon, Decathlon sport shops, The Cornish Bakery Shops and Countrywide Estate Agents.

Our key legal services to the sector, include advising on:

• • Commercial Property
  • Construction
  • Intellectual Property – anti-counterfeiting and trade mark protection
  • Property Litigation
  • Corporate and commercial contracts
  • Employment and HR
  • Commercial litigation and contractual dispute resolution
  • Debt recovery
  • Franchising
  • Planning and environmental
  • Regulatory / health & Safety
  • Restructuring/insolvency
  • International – Chinese legal services, cross border, joint ventures, and franchising
  • Corporate restructuring, reorganisations & demergers
  • Information technology
  • Tenant lease portfolio management

Our experience in action

• Clarke Willmott was the lead partner for the Extra MSA Group in the acquisition of two portfolios of motorway service area sites in the UK, with a total transaction value in excess of £600m. The Clarke Willmott team of 30+ lawyers included specialists in property, employment, construction, IP, litigation and banking, based across all our offices.
• We provided strategic property advice to a global retailer in relation to the insolvency of a number of UK franchisees. We also assisted in restructuring the businesses. Work included the transfer of a number of properties, taking surrenders and dealing with all property aspects of the transaction.
• We advised on the sale and purchase of 56 properties (including their businesses) from a national restaurant chain to two of its major franchisees, including the grant of subleases to the franchisees and obtaining all necessary consents from the landlords.
• We have helped two national restaurant groups build their restaurant portfolios from three to 26 outlets and from start up to more than 30 outlets.
• We recently acted in the Court of Appeal in the case of AMS Neve Ltd & Ors v Heritage Audio SL & Anor [2018] EWCA Civ 86 with regard to an application in the IPEC to contest jurisdiction in respect of allegations of infringement of an EU trade mark by the trade mark owner. The IPEC judgment, which has been widely reported, confirmed that the English and Wales Courts did not have jurisdiction to hear this part of the claim. The Court of Appeal has referred the case to the Court of Justice of the European Union who will now make a preliminary ruling on the questions raised by the Court of Appeal. The remaining parts of the claim have been stayed pending the outcome.
• We acted before the Court of Appeal in the case of Fred Perry (Holdings) Ltd v Brands Plaza Trading Ltd & Anor [2012] EWCA Civ 224 following proceedings brought by Fred Perry for trade mark infringement and passing off in the High Court. The judgment highlighted the recent changes to the CPR Rules in particular dealing with relief from sanctions such as a strike-out for non-compliance with a Court Order. This case has been widely cited and referred to in recent cases dealing with similar issues.

Contact a retail and leisure specialist today

We would welcome the opportunity to show you how our advice can add value to your retail and leisure business. Our solicitors are based in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton, are ready to discuss your case. Call us today on 0800 652 8205 or get in touch online.