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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll