 The Judicial Committee of the House of Lords would ideally sit with an odd number of judges, to ensure a clear decision.Lord Upjohn's death raised the problem of an equally divided Appellate Committee.Kennedy v Spratt [1971] 2 WLR 667 remained on the docket and Lord Upjohn had already prepared a speech, intending to vote with Lord Reid and Lord Diplock, dismissing the appeal.