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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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