that would be to completely undermine the effect of article eighty five, we simply wouldn't be able to raise our shield at all, we would have a counterclaim but at which point since we had no of what  erm, for example as one of it's principal defences, defences, erm we would say we've made the plaintiffs case very much easier, they've now got all our money, we're bankrupt, we can't pursue our claim because we've got no money to pursue it with  in article eighty five would of been completely undermined because we would not of had a realistic opportunity to raise article eighty five as a defence and your Lordship to do that would of had to not only set aside the counterclaim as a set off, but also to set aside the entire eighty five defence to stayed it or to have set it aside