NLJ this week: The rare but powerful remedy of specific performance in M&A

22 November 2024

Issue: 8095 / Categories: Legal News , Procedure & practice , Damages , Commercial

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.’

Issue: 8095 / Categories: Legal News , Procedure & practice , Damages , Commercial

Changing tack: beyond damages in M&A disputes

NLJ this week: The rare but powerful remedy of specific performance in M&A

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

Issue: 8095 / Categories: , Legal News , Procedure & practice , Damages , Commercial

Changing tack: beyond damages in M&A disputes

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS

Read All

NLJ this week: Fraud claims climb as courts brace for AI threats

Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes

NLJ this week: Small firms call for tech clarity as AI looms

Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ

NLJ this week: Traders’ convictions quashed in Libor shock

The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement

NLJ this week: Pro bono power without the red tape

Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ

NLJ this week: DNA evidence—justice on ice?

In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match

Error message

NLJ this week: The rare but powerful remedy of specific performance in M&A

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan