Specific Performance
An equitable remedy compelling a party to perform their contractual obligations. Granted at the court's discretion, typically for contracts involving unique subject matter (e.g., land). Not available where damages are an adequate remedy.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Specific performance is an equitable remedy under which the court orders a contracting party to actually carry out its obligations under the contract, rather than simply paying compensation for failing to do so. Because it is an equitable remedy, it is not available as of right — the court retains a discretion whether to grant it, and it is traditionally reserved for cases where a monetary award of damages would not adequately compensate the innocent party, such as contracts for the sale of a particular piece of land or a unique item.
The High Court's jurisdiction to grant specific performance (and to award damages alongside or instead of it) is recognised in the Senior Courts Act 1981, which confirms that where the Court of Appeal or the High Court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance. Claims involving specific performance also appear in ordinary civil litigation: the Civil Procedure Rules specifically contemplate proceedings which include a claim for an injunction or an order for specific performance, for example when setting out the limited legal costs recoverable for such claims within small claims track proceedings.
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Official sources
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