Particular notice should be drawn to Paragraph 4-6 of the judgment of Lord Bingham. Here it is stated (using the judgment of the Court of Appeal, EWCA Civ 1856, as authority) that the Appellants, in order to rely on Article 9, would have to prove that the interference with Convention Rights was 'flagrant'. In the present case it was decided that the interference was not flagrant (see Paragraph 69-70 of the judgment by Lord Carswell for a brief discussion of the term 'flagrant'), which is why the appeal was dismissed in all courts.