my Lord, this is a problem which erm your Lordship's had submissions from both parties and of course it goes to specialist separates, first of all one identifies, one takes one  and strikes out the defending clauses within the agreements that infringe article eighty five on then applies the, the test of severance to see whether the residual agreements remain or stand, but we certainly have not depleted that the entire arrangement avoid but we pleaded the restrictions are avoid, my Lord er and that's important because it could lead to consequence and we're pleading it that and if for example er power in the erm standard form agency agreement was rendered void because it was an unlawful restriction, it doesn't mean to say that erm an agent er a name might not of instructed an agent to write  business, what we're saying is they may not have instructed him to write all of the business that he did in fact did er write for example L M X spiral and, now if, if a particular defendant can say well have I been well you know proper position that I would of been and the restrictions not been in place I would of instructed the agent to do precisely what he did, then of course he has no defence, that's a que that's a  point, if he says well erm I, the facts suggest and established that I would never, ever have allowed the agents to underwr to write L M X spiral business and, and the only reason he was able to do that was because of the restrictions then he can escape liability for that part of the business underwritten