“…, stated in passages from the judgment of A. L. Smith LJ in Stephenson v Garnett [1898] 1 QB 677 and the speech of Lord Halsbury LC in Reichel v Magrath (1889) 14 App Cas 665. In Stephenson v Garnett, A. L. Smith LJ said at 680-681:…”
“…nitiating’ anything, in any relevant sense; or, for that matter, how he can be said to be thereby ‘changing the form of the proceedings’: see Reichel v Magrath 14 App Cas 665, 668, per Lord Halsbury LC, quoted by Lord Diplock in the Hunter case [1982] AC 529, 542c–d. Were the issues before the SDT and the issues in the present actio…”