“…fication or reference is sound. A preliminary issue on the issue of reference may easily turn into the treacherous short cut contemplated in Tilling v Whiteman [1980] AC 1 at 25.…”
“…has happened) the decision on the first issue was reversed on appeal. This case illustrates the wisdom of the observation of Lord Scarman in Tilling v Whiteman [1980] AC 1 at 25 that preliminary points of law can often be treacherous short cuts.…”
“…ve been less useful than it was hoped that they might be. That would not be an unusual outcome. As Lord Scarman commented in Tilling v Whiteman [1979] UKHL 10, [1980] AC 1:…”