Zacklynski v Polushie
[1908] A.C. 65 at 68
"The case is remarkable in more ways than one. In the course of the trial the leading counsel for the Plaintiffs intimated to the Court that he elected to abandon the whole of the claim originally put forward on behalf of his clients, and announced that he had determined to take his stand on an alternative claim set up by amendment at the beginning of the trial. He explained that he did so ' in order to shorten the trial. 'A sacrifice so unsparing and complete for an end so desirable seemed full of promise and hope…The proceedings, lightened by throwing overboard the original course of action, drifted on in an aimless and desultory way for more than a year. The hearing began on May 16, 1902. The evidence closed on September 4, 1903…"
(Lord MacNaghten)
