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22 November 2024
Issue: 8095 / Categories: Legal News , Procedure & practice , Damages , Commercial
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NLJ this week: The rare but powerful remedy of specific performance in M&A

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The remedy of ‘specific performance’ is little-used but can be ‘extremely beneficial’ in M&A disputes. In this week’s NLJ, Yasseen Gailani, partner, and Megan Hiluta, senior associate, Quinn Emanuel, explain why looking beyond the remedy of damages may pay dividends for clients.

Gailani and Hiluta explain what specific performance is—‘The party requesting specific performance is, in essence, asking the court to order the other party to do what it had promised to do.’ They cover the circumstances in which it can be used, explain why and when lawyers may want to include it when drafting contracts, look at relevant caselaw and set out the many advantages of the remedy.

The authors write: ‘Specific performance can be a powerful remedy in commercial disputes—which can work both for and against you.’ 

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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