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

Trowers & Hamlins—Paul Batchelor

Trowers & Hamlins—Paul Batchelor

Trowers Hamlins strengthens Birmingham Office with senior corporate partner hire

Birketts—trainee appointments

Birketts—trainee appointments

Birketts welcomes largest ever Trainee Solicitor cohort for 2026

Sidley—James Sherlock

Sidley—James Sherlock

Sidley Expands Private Equity Practice With James Sherlock in London

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
back-to-top-scroll