Nolton Limited v (1) Ahmad Bashir (2) Kighat Bashir (Practice and Procedure : Practice and Procedure) [2019] UKFTT 22 (PC) (09 November 2018)

Nolton Limited v (1) Ahmad Bashir (2) Kighat Bashir (Practice and Procedure : Practice and Procedure) [2019] UKFTT 22 (PC) (09 November 2018)

The notice exercising the right of pre-emption had not been served, or deemed served, within the two-week period permitted by the pre-emption agreement, so the right of pre-emption had been lost.

Source-derived case information.

Citation
[2019] UKFTT 22 (PC)
Parties
Applicant: Nolton Limited; Respondent: Ahmad Bashir; Respondent: Kighat Bashir
Jurisdiction
England and Wales
Judgment Date
09 November 2018
Procedural Posture
First Tier Tribunal (property Chamber) / Application to Set Aside/cancel Unilateral Notice
Outcome
Application granted
Legal Topics
Practice and Procedure, Setting Aside Final Orders, Contracts and Options, Rights of Pre Emption
Property Law Contract Law Practice and Procedure Setting Aside Final Orders Contracts and Options Rights of Pre Emption

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nolton Limited

Applicant

Ahmad Bashir

Respondent

Kighat Bashir

Respondent

Procedural Posture

First Tier Tribunal (property Chamber) / Application to Set Aside/cancel Unilateral Notice

Legal Issues

  1. 1 Whether the notice exercising the right of pre-emption had been served, or deemed served, within the 2 week period permitted by the pre-emption agreement
  2. 2 Whether the right of pre-emption had been lost due to failure to serve notice in time

Ratio Decidendi

The notice exercising the right of pre-emption had not been served, or deemed served, within the two-week period permitted by the pre-emption agreement, so the right of pre-emption had been lost.

Court Disposition

Application granted

Orders

  • Direction to Chief Land Registrar to give effect to the original application to cancel the unilateral notice
  • Original application to be treated as if it included an application to set aside the substituted notice