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Compensation Bill [HL]

It would be very much up to one party—in this case the defendant—to persuade the court that there would be consequences that might reasonably be put forward as consequences which would be contrary to the public interest. In effect, it would be the court that would decide whether the defendant had put forward a reasonable case. But we could phrase it in a different way. It is merely that this is the way in which the legal brains who thought up this amendment have put it. I did not argue with them at the time, but I will now.