The distinction between the two types of case was pointed out by Viscount Simmonds and Lord Tucker in their speeches in Lister v Romford Ice and Cold Storage Co Ltd [1957]AC 555, 579 and 594, but I think that Lord Denning MR in proceeding-albeit with some trepidation-to ???kill off??? MacKinnon LJ???s ???officious bystander??? Shirlaw v Southern Foundries (1926) Ltd [1939] 2 KB 206, 227 must have