Its panel of appeal judges reinforced that the doctrine of privity meant that only those who are party to an agreement (outside of one of the well-established exceptional relationships such as agency, bailment or trusteeship) may sue or be sued on it and established the principle that "consideration must flow from the promisee".

The court held that the suit would not succeed as no stranger to the consideration may enforce a contract, although made for his benefit.

In the 1930s the Law Reform Committee proposed amendment of the doctrine but World War II intervened and nothing was done.

Earlier in Beswick v Beswick, Master of the Rolls Lord Denning construed the Law of Property Act 1925 to try to overthrow the doctrine, but on appeal, the House of Lords Judicial Committee, the court of final appeal, criticised his extreme literal interpretation and declared the doctrine intact.

Many legal devices exist to circumvent the doctrines (such as the use of negotiable instruments), the greatest being the Contracts (Rights of Third Parties) Act 1999 which allows, in general, a beneficiary or an identified third party to enforce terms to its benefit in a contract made by others.