Lord Phillips noted that expert witnesses (unlike witnesses giving evidence of facts) had volunteered to give evidence and were doing so for payment.

In Lord Phillips's view, it was not.

But Lord Phillips was "unable to give section 11 this draconian effect".

On 11 October 2011, it was announced that Lord Phillips would retire early, effective 30 September 2012.

Lord Phillips opted to appoint a successor on Nourse's retirement the following year to deputise when he was abroad.

Lord Phillips died of cancer, on 23 February 1999.

The lord chief justice at the time, Lord Phillips, wanted something much easier, more modern.

Lord Phillips then set out his reasons for dismissing the appeal.

Lord Phillips said such an outcome was "a possibility", but was "unlikely".

"It may be the anxiety that we have expressed will be drawn to their attention," Lord Phillips wrote.