Our solicitors are vastly experienced in assisting individuals and companies of all sizes to facilitate and advise upon a breach of contract claim resulting in specific performance. At Blackstone Solicitors, we are able to advise many different types of client on the process involved, no matter the complexity of the circumstances surrounding the requirements of the specific performance.
For more information about how our team of corporate solicitors can help, contact us on 0345 901 0445 or complete our online enquiry form and a member of the team will call you back at a convenient time.
Specific performance is a decree by the court to compel a party to perform his or her contractual obligations. It is a remedy available for breach of contract, although relief can be sought before any breach of contract has occurred. Specific performance may be granted in addition to, or instead of, damages.
Specific performance, like all injunctions, are “discretionary” remedies.
This is because they are not available as of right, such as the right to damages. In order to have a reasonable chance of success in obtaining specific performance, a judge must be satisfied that their discretion should be exercised in favour of the innocent party. Where those factors are not satisfied the remedy of specific performance will not be granted, but the innocent party will still have their right to recover damages for the breach.
Blackstone Solicitors are known for our efficiency, attention to detail and ability to get things done; qualities much needed when dealing with the remedy of specific performance. We will provide professional, pragmatic advice based on our years of experience in this specialist area.
Our team will do all that is necessary to ensure you are properly and robustly represented in any claim and will put your interests first at all times. Seeking specific performance can be highly technical and we will ensure you are in the best possible position for a successful outcome.
Why Legal Help is Important
It should be remembered that seeking specific performance as a remedy for a breach of contract dispute can take place in companies of any size and in any industry.
The process can be complex, potentially stressful and can be considered to be
incredibly important. It can have an impact on you and your business, both in the short and long term – it is therefore imperative that you have the best legal experts at your side, not only to ensure everything progresses as it should, but also to make sure both you and your business benefits from the best possible terms of any agreement.
Whether or not a court would be likely to award an injunction for specific performance depends on a series of factors.
A court would look favourably upon granting specific performance under the following circumstances.
If damages are likely to be difficult or impossible to calculate
If damages are an unsuitable remedy on the facts of the case, in that the damages will not adequately do justice between the parties.
When the breach involves unique property and there is no a readily available substitute e.g land, custom made products or intellectual property
If an overriding “balance of convenience” test weighs in favour of making the injunction.
Financial inability to do the work will not generally be a defence to a claim for specific performance
There are certain circumstances where specific performance is unlikely to be granted. These include:
- Where damages are considered to be an adequate remedy for the breach of contract.
- If the parties are unwilling to work together.
- The contract would require constant supervision.
- Hardship would be experienced by the defaulting party.
- The innocent party had acted unconscionably.
- The terms of the contract are considered too vague
- The innocent party acted unfairly in the contract.
- A gratuitous contractual promise is relied upon.
Whatever the circumstances are of the specific performance claim, we ensure full compliance with corporate laws and regulations, so that you can be sure that the process is addressed on a firm financial and legal basis.
We will work with you to ensure all financial and legal aspects of any proposed agreement is properly managed. We are able to assist with any aspect of this and will guide you through the technicalities in a clear and concise way. We have a team of experienced solicitors well versed in the process who are ready to assist you.
Get in Touch
Find out more about our services and how our corporate solicitors can assist you and your business by getting in touch. We have offices in Cheshire and London and are able to serve clients across the North West, including Chester and Manchester, as well as throughout the UK and also overseas.