The plaintiff held a right of pre-emption over the freehold reversion on the building containing his flat. He appealed the award of andpound;5.00 damages for its breach. The judge had discounted an offer received by the plaintiff of andpound;100,000 for the grant of a lease of another part of the building. The judge had made allowance for the general fall in property prices, but in doing so mis-stated the date of the Gulf War.
Held: The loss had been miscalculated. The loss would be the value at the time, less the price set to be paid on exercise of the right.
Judges:
Beldam, Hobhouse, Aldous LJJ
Citations:
[1996] 73 PandCR 26, (1996) EGCS 43
Jurisdiction:
England and Wales
Cited by:
Cited – Ferrishurst Ltd v Wallcite Ltd CA 30-Nov-1998
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered . .
Lists of cited by and citing cases may be incomplete.
Land, Damages
Updated: 30 May 2022; Ref: scu.187688