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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.
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.
(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.