but should you have, should you have doubts about that my Lord then er what we urged your Lordship to do would be in your judgment er to include a consideration of the strength of the case er your Lordship is seized of the matter now, if your Lordship er considers that there are issues of law which require clarification from the European court of justice and in competition cases all the European court candid on references is to give guidance on questions of law, your Lordship identifies questions of law which need to be i which need to be resolved and you think that it is the most appropriate course to refer a question, then we would ask that your Lordship consider in the interim the position of the, the Lloyds Act clauses there are sort to be challenged by the defences because it will be