Dear all

I'm interested in the rule in Henderson v Henderson and its treatment
in other jurisdictions. What are the leading authorities?
Specifically, where one party chooses not to take a point in a set of
proceedings but seeks to reserve the right to do so in subsequent
proceedings, can one challenge that position in the proceedings in
which the point has not been taken (and get a declaration that the
other side is estopped) or must one wait and take the point in
subsequent proceedings. Authority on this question would be especially
welcome!

Kind regards

Ger