Exclusive coffee shop rights breached by dual franchise operations

The Court of Appeal upheld the High Court's decision that the appellants breached an exclusivity clause by allowing the operation of a coffee franchise within a unit that was also operating a separate food-focused franchise. The original court found that the coffee franchise, despite being a new brand, constituted an "Excluded Coffee Chain" and its operation was not ancillary to the main permitted use of the unit, thus violating the agreed terms of exclusivity. The appellants' challenge to the respondent's standing to bring the claim was also dismissed, as the respondent was found to be entitled to the profits from the business conducted on the premises.