header-logo header-logo

Home Login E-newsletter About us
23 April 2009 / Elizabeth Fitzgerald , John Summers
Issue: 7366 / Categories: Features , Property
printer mail-detail

To own or not to own

© Copyright LexisNexis 2026. All Rights Reserved.

John Summers & Elizabeth Fitzgerald consider the impact of Ofulue

It is an important and well known rule of evidence that communications which are expressed to be “without prejudice”, and which are made between parties to a dispute for the purposes of settling the dispute, cannot generally be admitted in evidence.

In Ofulue & Anor v Bossert [2009] UKHL 16, [2009] All ER (D) 119 (Mar) the House of Lords considered the extent to which it was permissible to rely on a “without prejudice” statement written with a view to settling earlier proceedings in the context of an adverse possession claim in which the “without prejudice” statement was said to constitute an acknowledgement of title which stopped time running.

The facts

Mr and Mrs Ofulue had been the registered freehold proprietors of 61 Coborn Road since 1976. In 1981 they went to Nigeria and let the property to tenants. In 1981, Mr Bossert and his daughter were let into occupation by one of the tenants, Ms Osborne. In 1989

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

Read All
Clarke Willmott—Megan Bradbury

Clarke Willmott—Megan Bradbury

Corporate team welcomes paralegal in Southampton

Howard Kennedy—Paul Moran

Howard Kennedy—Paul Moran

London firm strengthens real estate team with partner appointment

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

NEWS
Read All
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
Copyright © 2026 LexisNexis
back-to-top-scroll