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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll