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Results:1-10 of 216

Securitisation and Structured Finance in the Netherlands
  • Simmons & Simmons LLP
  • Netherlands, Global
  • September 4 2018

A structured guide to securitisation and Structured Finance in the Netherlands


Brussels Commercial Court rules SABAM abused its position
  • Simmons & Simmons LLP
  • Belgium, European Union
  • August 2 2018

It is often difficult to clearly demonstrate an abuse of a dominant position by way of excessive pricing. Nevertheless, the Brussels Commercial Court


Court of Appeal suggests more limited role for UCTA in commercial contracts
  • Simmons & Simmons LLP
  • United Kingdom
  • June 20 2018

The Court of Appeal has upheld the reasonableness of a wide-ranging exclusion clause, suggesting a more limited role for UCTA in commercial contracts


Proposal for an SPC manufacturing waiver
  • Simmons & Simmons LLP
  • United Kingdom, European Union
  • June 14 2018

On 28 May 2018, the European Commission announced a legislative proposal to amend Regulation (EC) No. 4692009 (the SPC Regulation) by introducing an


Brokers’ duties and the obligation to advise on material facts for disclosure: Avondale Exhibitions Ltd v Arthur J Gallagher Insurance Brokers Ltd
  • Simmons & Simmons LLP
  • United Kingdom
  • June 8 2018

In Avondale v AJG, the court was asked to consider the scope of a broker’s duty, in particular obligations to advise on materiality and non-disclosure


SAAMCo, causation and scope of an accountant’s duty
  • Simmons & Simmons LLP
  • United Kingdom
  • June 6 2018

In Manchester Building Society v Grant Thornton UK LLP, the court considered SAAMCo principles in the context of a negligence claim in respect of an


Discontinuance: displacing the usual costs rule
  • Simmons & Simmons LLP
  • United Kingdom
  • June 5 2018

The usual rule on costs following discontinuance of an action by a claimant is that the claimant pays the defendant’s costs up to the date of


Developments in contract: Good faith
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

Prior to 2013, English law had never recognised an implied duty of good faith in contracts, and primacy was given to privity of contract and the right


Developments in contract: Notices of claims
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

Parties are free to stipulate in their contracts that certain procedural requirements must be met in order to make a claim under warranties in that


Developments in contract: Contractual discretion
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

For a number of years, English law has recognised a private law duty whereby a party exercising a contractual discretion must do so “reasonably” or