Case reference | REF/2017/1064 |
---|---|
Date of decision | 09/11/2018 |
Adjudicator | Mr David Taylor |
Applicant | Nolton Limited |
Respondent | (1) Ahmad Bashir (2) Kighat Bashir |
Main Category & Sub Category | |
Category | Practice and Procedure |
Sub Category | Setting aside final orders |
Secondary Category & Sub Category | |
Category | Contracts and options |
Sub Category | Rights of pre emption |
Decision notes | [2019] UKFTT 22 (PC). Application to cancel a unilateral notice which had been entered in order to protect a right of pre-emption - Tribunal order directing Chief Land Registrar to give effect to the application, resulting in HM Land Registry cancelling the original notice, subsequently set aside â€" Land Registry then entered a new Unilateral Notice on the title in the same form as the previously cancelled notice and captured an application to preserve this dispute’s position on the day list - 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. HELD, that it had not been, so that the right of pre-emption had been lost â€" direction to Chief Land Registrar to give effect to the original application, and that for that purpose the original application should be treated as if it had included an application to set aside the substituted notice. |
Download decision(s) | [2019] UKFTT 22 (PC) |