header-logo header-logo

23 April 2009 / Elizabeth Fitzgerald , John Summers
Issue: 7366 / Categories: Features , Property
printer mail-detail

To own or not to own

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll