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Does anybody know of an English case in which the change of position defence has been successfully raised other than Lipkin Gorman itself? I am sure that I have forgotten perfectly good examples (leaving to one side cases such as Cheese -v- Thomas which do not reason in terms of change of position but may be so analysed) but the other cases in which I recall that the defence was raised (Westdeutsche, South Tyneside, Gray -v- Richards Butler and Omar -v- Omar) have all rejected its application.

If my current understanding is correct (i.e. that there is no other case), can anybody explain the lack of development of the defence since its inception some 8 years ago?

Many thanks
Andrew

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