The last battle in Bermuda's burger wars could take place in London in two weeks.

The Privy Council -- the Country's final court of appeal -- will hear the case for and against McDonald's opening up on the Island in a two-day hearing.

But political Attorney General Lois Browne Evans -- whose duties include acting for Government in civil cases -- will not present the case against Grape Bay Ltd., which has fought a three-year battle to set up shop on the Island.

Mrs. Browne Evans -- who voted with the United Bermuda Party rebels in the last Government in 1996 to block McDonald's -- could not be contacted for comment last night.

Solicitor General William Pearce is set to appear for the London hearing, scheduled to be heard on June 22 and 24.

But Mr. Pearce said there was still some doubt over the dates involved.

He added: "It all depends on what date it is, so I wouldn't even say I will be appearing at this stage.

"I would expect to appear in the case, but it all depends on what the date will be.'' Grape Bay lawyer Mark Diel said: "This has to be the resolution one way or another -- it can't go any higher. We will attend the Privy Council, put our case and see what they say.'' Mr. Diel added: "It was a surprise because we thought it would be September/October -- but we got notice they could take it in June.'' He declined to speculate on the chances of Grape Bay -- controlled by former UBP Premier Sir John Swan and now-Opposition Senate leader Maxwell Burgess -- before London's Law Lords.

And when asked if his team was prepared to go ahead with the hearing, Mr. Diel said: "I hope so.'' The Bermuda Court of Appeal took Big Macs off the menu almost exactly a year ago when they reversed an earlier Supreme Court decision in Grape Bay's favour.

Mr. Diel and colleague Ronnie Myers had argued "letters of intent'' between Grape Bay and McDonald's agents were property, which is protected under the Constitution, and that they had been deprived of their property.

But the Court of Appeal ruled it had not been proved Grape Bay had been deprived without compensation -- a key part of the Constitution.

The three-man Appeal Court steered clear of ruling whether it was in the public interest to block McDonald's, insisting that was a matter for lawmakers, not the courts.

The Prohibited Restaurants Act was pushed through in 1996 by UBP Government rebel Ann Cartwright DeCouto -- who lost her seat at the General Election -- and four colleagues, with the support of the then-Opposition Progressive Labour Party.

But Senate used its powers to block the law for a year, although the rebels and their PLP supporters won another vote in 1997.

Then the Grape Bay team won a Supreme Court battle against then-Attorney General Elliott Mottley in August, 1997, to overturn the Act.

Puisne Judge Vincent Meerabux ruled the letters of intent were property and protected under the Constitution.