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Ofulue and Anor v Bossert [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] UKHL 16, 11 March 2009. When a right to property has been breached, UK courts will take into account the law of the European Court of Human Rights. The appellants (O) appealed against a decision (see L143147) that the respondent (B) had acquired the freehold title of their property by adverse possession. Following the death of the defendant's father in 1966, B had been allowed to occupy the property as O's tenant. The defendants claimed that they had taken possession of the property in 1987 which the appellants knew of and did little to remove them from the property. The defendant claimed that the claimant's title was extinguished in 1999 due to adverse possession under the Limitation Act 1980 S15. At issue was the extent to which it was possible for one party to rely on a statement made by another party in without prejudice correspondence with a view to settling earlier proceedings; and whether the admission of title in the defence operated as a continuing acknowledgement for the purposes of the Act. Held: appeal dismissed. Without prejudice statements made remain inadmissible in subsequent proceedings except where it was unconnected with the proceedings at hand. Title to property barred by time of the issue of proceedings. Property register amended accordingly.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 147059-1001

[2009] UKHL 16, 11 March 2009. When a right to property has been breached, UK courts will take into account the law of the European Court of Human Rights. The appellants (O) appealed against a decision (see L143147) that the respondent (B) had acquired the freehold title of their property by adverse possession. Following the death of the defendant's father in 1966, B had been allowed to occupy the property as O's tenant. The defendants claimed that they had taken possession of the property in 1987 which the appellants knew of and did little to remove them from the property. The defendant claimed that the claimant's title was extinguished in 1999 due to adverse possession under the Limitation Act 1980 S15. At issue was the extent to which it was possible for one party to rely on a statement made by another party in without prejudice correspondence with a view to settling earlier proceedings; and whether the admission of title in the defence operated as a continuing acknowledgement for the purposes of the Act. Held: appeal dismissed. Without prejudice statements made remain inadmissible in subsequent proceedings except where it was unconnected with the proceedings at hand. Title to property barred by time of the issue of proceedings. Property register amended accordingly.