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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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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