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unusual facts about Lord Upjohn



Gerald Upjohn, Baron Upjohn

Lord Reid read Lord Upjohn's speech as a part of his own and in accordance with the presumption in favour of the status quo (semper pracsumitur pro negante), the appeal was dismissed.


see also

Gerald Upjohn, Baron Upjohn

Kennedy v Spratt 1971 2 WLR 667 remained on the docket and Lord Upjohn had already prepared a speech, intending to vote with Lord Reid and Lord Diplock, dismissing the appeal.

Jackson v Royal Bank of Scotland

(That judgment received a mixed reception from this House in Czarnikow v Koufos 1969 1 AC 350: Lord Morris of Borth-y-Gest, at p 399, found it "a most valuable analysis" but Lord Upjohn, at p 423, described it as a "colourful interpretation" of Hadley v Baxendale and Lord Reid, at pp 388-90, criticised some aspects of it, but not para (4) of Asquith LJ's summary.