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Results: 1-10 of 212

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: 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: Recitals and context
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

The recitals of an agreement can provide important context when it comes to construing the contract’s operative terms, even when the agreement


Professional advisors - the implications of the Work and Pensions and BEIS Committees’ report into Carillion
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

In our article Conduct Risk and Corporate Governance - lessons from Carillion we consider some of the corporate conduct issues highlighted by the Work


Developments in contract: No oral modification clauses
  • Simmons & Simmons LLP
  • United Kingdom
  • May 23 2018

Commercial contracts commonly include provision that the agreement may not be amended except in writing signed on behalf of the parties. Such clauses