Right of First Refusal in UK Law

Leading Cases
  • Pritchard v Briggs
    • Court of Appeal (Civil Division)
    • 11 Abril 1979

    I cannot accept that, however, because a right of pre-emption gives no present right, even contingent, to call for a conveyance of the legal estate. The grantee cannot require him to do so, or demand that an offer be made to him. Moreover, even if the grantor decides to sell and makes an offer it seems to me that so long as he does not sell to anyone else he can withdraw that offer at any time before acceptance.

    Thus the relationship of vender and purchaser could not be established unless the Lockwoods chose to offer the retained lands to the holder of the right of pre-caption or, in breach of covenant, contracted to sell the retained lands to a third party without first offering the lands to the option holder for £3,000, If and when there conditions were fulfilled, the holder of the right of pre-emption would be entitled to buy and therefore entitled to an equitable interest.

  • Belvedere Court Management Ltd v Frogmore Developments Ltd
    • Court of Appeal (Civil Division)
    • 24 Octubre 1995

    In some respects the drafting is extremely detailed, in others obvious situations have not been provided for. In places restrictive expressions are used —section 16 provides examples —but the reasons for the restrictions are not clear and the Act does not deal with the lacunae that result. Overall the drafting does not disclose a clear and consistent policy and it falls between the two stools of being both excessively and inadequately detailed.

    By way of final comment I would add that I am strongly attracted to the view that legislation of the present kind should be evaluated and construed on an analytical basis. It should be considered which of the provisions are substantive and which are secondary, that is, simply part of the machinery of the legislation.

  • Boris Abramovich Berezovsky (Claimant) Roman Arkadievich Abramovich (Defendant) Boris Abramovich Berezovsky (Claimant) Hine & Others (Defendants)
    • Queen's Bench Division (Commercial Court)
    • 31 Agosto 2012

    And, although this court necessarily views that evidence "Under Western Eyes 21", it has to be careful about applying what it might regard as conventional Western European business standards to judge the conduct of businessmen operating in the very different, and largely unregulated, commercial and political environment of Russia at the material times. As I remind myself: "… this is not a story of the West of Europe" 22.

  • Kay Green v Twinsectra Ltd
    • Court of Appeal (Civil Division)
    • 15 Mayo 1996

    I cannot regard this defect in the tenants' purchase notice as so significant as to render it altogether invalid, for three reasons. In the first place, it was in all probability caused by the original landlord's failure to serve a notice under section 5 and in doing so to sever the transaction as required by subsection (5) of that section. Secondly, it must have been perfectly obvious to the new landlord which parts of Tudor Court could, and which could not, qualify under part I of the Act.

  • Speciality Shops Ltd v Yorkshire and Metropolitan Estates Ltd
    • Chancery Division
    • 27 Noviembre 2002

    A third possibility is where, upon the triggering event, the landowner is not obliged positively to offer to sell the land to the pre-emption holder, but rather he is obliged to notify the pre-emption holder of the situation, leaving it for the pre-emption holder to make his own offer to purchase the land if he chooses.

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Legislation
  • The Housing (Right of First Refusal) (Wales) Regulations 2005
    • Wales
    • 1 de Enero de 2005
  • The Housing (Right of First Refusal) (England) Regulations 2005
    • UK Non-devolved
    • 1 de Enero de 2005
  • Housing Act 2004
    • UK Non-devolved
    • 1 de Enero de 2004
    ... ... make provision about secure tenants and the right to buy; to make provision about mobile homes and ... (b) another such course of action, where the first course of action is that mentioned in subsection ... for licences, the granting or refusal of licences and the imposition of licence ... ...
  • Housing Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ... ... would confer on the local authority the right, as a member of the registered social landlord, ... with subsection (3) on the occasion of the first relevant disposal which is not an exempted ... 12A: Right of first refusal for registered social landlord ... (1) Where on ... ...
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Books & Journal Articles
  • Political and Legislative History
    • Contents
    • Assets of Community Value. Law and Practice
    • Simon Adamyk
    • 11-17
    ... ... Local Government, Localism Bill: community right to buy – Impact assessment (DCLG Publications, ... for introducing a community right of first refusal in England.2The then Labour Government ... ...
  • Introduction to Assets of Community Value
    • Part V. Assets of community value
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 339-342
    ... ... (which is also known as the community right to bid) and the relevant Regulations2came into ... The scheme does not give a right of first refusal to the community group, unlike the ... ...
  • Government obligations in public-private partnership contracts
    • No. 10-4, March 2010
    • Journal of Public Procurement
    • 564-598
    Traditional models of full and open competition are generally applied for ordinary public procurement contracts, whereas special competitive procedures (such as unsolicited proposals) are permissib...
    ... ... provided a bonus as a price advantage or a right-of-first-refusal during negotiations. Competition ... ...
  • Artists and the Art Market--A Shifting Dynamic?
    • Vol. 26 No. 4, December 2021
    • Art Antiquity & Law
    • Gray, Amanda
    ... ... The first notable auction was Christie's 2020 Say it Loud ... --the artist or their gallery retaining right of refusal to buy back their work, an agreement ... ...
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Law Firm Commentaries
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Forms
  • Appeal to the First-tier Tribunal - Information sheet
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ... ... t e thi s f o r m onl y i f y o u (the Appellant) have a right of appeal from within the United Kingdom, a r e detaine d a t an migration Removal Centre an d this form was issued with your refusal letter ... T o hel p y o u c omple t e thi s f o r m , ... ...
  • Appeal a visa or immigration decision (within the UK)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ... ... Notice of Appeal to the First-tier Tribunal ... (Immigration and Asylum ... The Home Office Refusal Letter sent with this leaflet tells you how to ... Letter will tell you whether you have a right to appeal from within the ... United Kingdom or ... ...
  • Appeal a visa or immigration decision (within the UK)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ...FIRST-TIER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER ... inside the United Kingdom and you have the right to do so ... To help you complete this form, ... you are sent the Refusal Letter by the Home Office ... Please tick the ... ...
  • Appeal a visa or immigration decision (outside the UK)
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Tribunal forms including the form to appeal a visa or immigration decision.
    ... ... Notice of Appeal to the First-tier Tribunal ... (Immigration and Asylum ... The Home Office Refusal Letter sent with this leaflet tells you how to ... departure from the United Kingdom if your right of ... appeal can only be exercised after you ... ...
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