header-logo header-logo

Lessons in without prejudice

Peter Crampin QC & Simon Williams discuss the outcome & effect of Ofulue v Bossert

By its judgment in Ofulue v Bossert [2009] UKHL 16, [2009] All ER (D) 119 (Mar) the House of Lords has reaffirmed the public policy behind the “without prejudice” rule and made clear that, where an acknowledgment of title satisfying ss 29 and 30 of the Limitation Act 1980 (LA 1980) is made in a statement of case, time runs from the date of, or the date of service of, the statement of case.

Their lordships had been invited to consider these two issues by Agnes Ofulue who, with her husband Emmanuel, had in September 2003 commenced proceedings against Erica Bossert for possession of a Victorian townhouse in London, of which they were the registered owners, on the grounds that she was a trespasser. They were met with the defence that their title had been extinguished by the adverse possession of Ms Bossert for more than 12 years pursuant to LA 1980, ss 15 and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll