Wednesday, November 18, 2009

El Naschie's sleaze enters legal pedagogy



No, Mr. El Naschie, I'm sorry, but dead people may not join your legal action.


Legalese is Greek to me, and I make no attempt to parse the nonsense below, preferring to leave it to lawyers on the off-chance (JOKE about it being an off-chance) that there are any lawyers reading this.

Hello, lawyers reading this who are friendly to El Naschie Watch: Please send the full text of the incomplete legal decision (I understand El Naschie lost, but I'd like to see it all) to me at hasten dot jason at gmail dot com. Thanks! (I understand I can get it if I sign up for a 27 pound monthly service, but I'm not interested, and surely someone out there subscribes already.)



Elnaschie & Anor v Pitt Place (Epsom) Ltd, Court of Appeal - Civil Division, May 08, 1998, [1998] EWCA Civ 806

England and Wales Court of Appeal

Case Number: tice to the tenants offering them a right of first refusal before making any 'relevant disposal' of any interest in these premises (Section 5); the requisite majority of the tenants (50%) have the right to serve notice accepting the offer (Section 6); they also have the right to make a counter offer (Section 7). Section 8 contains provision for the making of the fresh offer by the landlord and Section 9 and 10 contain ancillary provisions dealing with the withdrawal of a party from negotiation and the lapse of the landlord's offer. Section 11 and 12 deal with the situation where a landlord disposes of a relevant interest in the premises without giving notice under Section 5. The requisite majority of the tenants may then: '... before the end of the period specified in sub-section (2) below serve a notice on the transferee under the original disposal requiring him to furnish a person (whose name and address are specified for the purpose of the notice) with particulars of the terms on which the...
Permanent Link: http://vlex.co.uk/vid/52584789
Id. vLex: VLEX-52584789

Elnaschie & Anor v Pitt Place (Epsom) Ltd, Court of Appeal - Civil Division, May 08, 1998, [1998] EWCA Civ 806

IN THE SUPREME COURT OF JUDICATURE CCRTF 97/1707 CMS2

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM EPSOM COUNTY COURT

(MR RECORDER CHAPMAN)

Royal Courts of Justice

Strand

London WC2

Friday, 8 May 1998

B e f o r e:

LADY JUSTICE BUTLER-SLOSS

LORD JUSTICE MANTELL

SIR JOHN VINELOTT

- - - - - -

(1) MOHAMMED ELNASCHIE

(2) LYDIA ELNASCHIE

Plaintiffs/Appellants

- v -

PITT PLACE (EPSOM) LIMITED

Defendant/Respondent

- - - - - -

(Handed Down Transcript of

Smith Bernal Reporting Limited, 180 Fleet Street,

London EC4A 2HD

Tel: 0171 831 3183

Official Shorthand Writers to the Court)

- - - - - -

MR CRAIG BARLOW (Instructed by Philippsohn Crawfords Berwald, London, WC1V 7JG) appeared on behalf of the Appellants

MR DAVID HOLLAND & (MR T POLLI - 8 May 1998) (Instructed by Paton Walsh Laundy, London, SW19 7PA) appeared on behalf of the Respondent

- - - - - -

J U D G M E N T

(As approved by the Court)

- - - - - -

©Crown Copyright

SIR JOHN VINELOTT:

This case concerns the "right of first refusal" introduced by Part 1 of the L...

MINUTES OF PROCEEDINGS

Die Mercurii 3° Junii 1998

The House met at half-past two o’clock.

PRAYERS were read by the Lord Bishop of Wakefield.

Judicial Business
...
3. El Naschie and another (Petitioners) v. Pitt Place (Epsom) Limited (Respondents)—The petition of Mohamed El Naschie and Lydia El Naschie praying for leave to appeal was presented and referred to an Appeal Committee.

El Naschie and Another -v- the Pitt Place (Epsom) Ltd
27 May 1998
CA
Landlord and Tenant
Tenants getting together to buy their landlords' interest must provide a notice which was correct and accurate. Gross mistakes listing dead and departed tenants invalidated the notice.
Landlord and Tenant Act 1987 12

PRAYERS were read by the Lord Bishop of Southwark.
Judicial Business

...

2000 14) Decembris 27
...
9. Appeal Committee -- The 4th Report was made; the Appeal Committee reported that they had met
and had heard Counsel; the report was agreed to and the following Orders were made
...
El Naschie and another (Petitioners) v. Pitt Place (Epsom) Limited (Respondents) That leave to appeal be refused; and that the petitioners do pay to the respondents the costs of the petition, the amount thereof to be certifed by the Clerk of the Parliaments if not agreed between the parties.
The House was adjourned during pleasure.
The House was resumed.


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