Thanks for the replies guys.
Tobzalp - I'm talking about 1 aircraft (on freq) cruising in CAS and 2xmil aircraft (not on freq) playing maverick outside CAS.
The last radar recorded FL on the (2x Mil aircraft) was 173. (Although given rate of climb before mode c er....disappeared I wouldn't be surprised if they didn't climb a little more). I have been told that the mil aircraft were perfectly within their rights to do this. That I accept although I really thought it had to be at a right angle and surely not a good idea to 'attack' a civil aircraft (head on) when you know you are close to CAS. Some of the older boys in ATC feel it's not a problem - this happens all the time outside CAS. My problem is though, it WAS CAS. It seems to me to be, at the very least, foolish and at worst downright dangerous. Let's be fair TCAS RA to a mil aircraft is a flick of the wrist with pilot happily strapped in a 5 point harness. It's slightly different for Mr and Mrs Jones stood up in the cabin of a passenger plane with nothing strapping them to the airframe.