Tag Archive for 'without prejudice'

Adverse Possession: Articles 1, 6 and freedom of speech?

By NL on 13/12/2010. 0 Comments

Agnes Ofulue v the United Kingdom Application no. 52512/09 ECtHR

This admissibility hearing was the culmination of a long, long story. We reported the Court of Appeal judgment and the House of Lords judgments. The very abbreviated history was that in 2005, the Ofulues had lost a possession claim for a property on the basis that the Bosserts, who had lived in the property since 1981, had gained title through adverse possession.

The Ofulues appealed on the basis that the law on adverse possession constituted a breach of Article 1, Protocol 1,and Art 6, and further that i) the Bosserts had acknowledged that they were tenants in a defence … Read the full post

Posted in Adverse possession, FLW case note and Housing law - All. Tags: article 1, Article 6, evidence, without prejudice.

Without Prejudice acknowledgment of title?

By NL on 18/03/2009. 0 Comments

Ofulue v Bossert [2009] UKHL 16 was an adverse possession case – we commented on the Court of Appeal hearing here, and that post gives the background. There was an appeal to the House of Lords which was primarily concerned with the limitation period of adverse possession. This is a late and brief report because the issues involved were not housing law in particular, but broader ones of evidence, limitation and civil procedure.

There is only one possession related issue. The Court of Appeal had held that an admission of title in a defence to a possession claim was an admission of freehold, not of immediate right to possession … Read the full post

Posted in Adverse possession, FLW case note and Housing law - All. Tags: Adverse possession, evidence, Limitation Act 1980, without prejudice.