King's / Queen's Bench Division of the High Court

KB-2021-000741 - [2025] EWHC 2096 (KB)

Fecha: 06-Ago-2025

Conclusions

XVI Conclusion

507.

It follows from the above that the three preliminary issues are resolved as follows:

(1)

on the first preliminary issue, the implied terms contended for by the Claimants and in particular of good faith are found to be implied in fact into the various franchise agreements;

(2)

on the second preliminary issue, JBL has been in breach of the implied terms in the respects found to be the case;

(3)

on the third preliminary issue, JBL has been in repudiatory breach to the respective Claimants through the common breaches and the Claimants did not waive their right to terminate for breach, and each of them treated their respective agreements as discharged by breach.

508.

This has consequences for the future of the action and especially the counterclaim. The only relief that the Claimants is a declaration that their respective franchise agreements were lawfully discharged and that they are no longer bound by any terms of their respective franchise agreements. The Court wishes to receive submissions as to what the Court ought to do as regards the unrepresented claimants who did not attend trial. The parties are asked to liaise about the production of a minute of order to reflect this and to deal with consequential matters.

509.

It remains to pay tribute to the quality of the advocacy of all three Counsel, that is both Mr Butler KC and Ms Higgo (who herself cross-examined a number of the Claimants) for JBL as well as Mr Stephens for the Represented Claimants. All of them displayed great industry, attention to detail and familiarity with and experience of the relevant areas of law.