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 17 and a counterclaim for a declaration to that effect
