because validity of the section fourteen is the question for ultimate trial, we're not seeking interim relief against that, we haven't done that  my Lord that in our submission is the highest and the best that they could achieve erm properly erm which was to avoid a stay on a reference and they could then continue with the proceedings rather than be put off for a, a very, you know what maybe a year and a half, er if the court dealt with it in the normal way, or perhaps even a little bit longer, erm, but to actually go to further than that and to deny the defendant the right to put up a, a proper E E C defence, my Lord in my submission would be erm without the jurisdiction of the court.