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.
Beldam, Hobhouse, Aldous LJJ
 73 PandCR 26, (1996) EGCS 43
England and Wales
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.
Updated: 30 May 2022; Ref: scu.187688