That said, I do
agree on the
signings point — my main argument is that if you believe we need them then an explanation
of why and how this would change the squad would be more enjoyable to read than a simple
statement of facts and then an opinion without analysis.
While the Respondent argued that the decision to proceed by special case was a discretionary one to which deference was owed, the Appellants argued that the special case was not appropriate because: the questions posed in the special case rested on a hypothetical assumption that the agreements were valid; necessary
facts were not included and not all the
facts were
agreed upon by the parties; and the parties did not
sign the
statement of special case as required by Rule 9 - 3 (3)(c).