Stuart Smith LJ discussed the status of pleadings in a limitation as an acknowledgement: ‘It is unnecessary for the purpose of this judgment to deal with Mr. Horner’s submission that a statement in an action once it is contained in a pleading enures from day to day as a sort of continuing or running acknowledgment. As at present advised, I do not accept that submission for one moment, but it is unnecessary to decide that for the purpose of this appeal.’
Judges:
Stuart Smith and Ralph Gibson LJJ
Citations:
Unreported, 11 July 1989
Jurisdiction:
England and Wales
Cited by:
Cited – Ofulue and Another v Bossert CA 29-Jan-2008
The claimants appealed an order finding that the defendant had acquired their land by adverse possession. They said that the defendant had asserted in defence to possession proceedings that they were tenants, and that this contradicted an intent to . .
Lists of cited by and citing cases may be incomplete.
Limitation
Updated: 26 July 2022; Ref: scu.264080