This case drags on. The Health and Safety Executive's legal department have found it necessary to forward exculpatory evidence to Martin-Baker's solicitors, proving MoD knew of the risks from Day 1 (introduction of Scissor/Drogue Shackle release mechanism). This was denied in court, and the HSE's charge was based on MoD's claim NEVER to have known the Drogue Nut should not be over-tightened.
Also, and despite reminders after the accident NOT to torque load the nut (also reflected by the CAA in Emergency Mandatory Permit Directives), the MoD chose to ignore this and still insists on it being torqued to 50 lbf in.
If MoD is permitted to ignore such directives, and destroy its corporate knowledge, at what point does providing warnings or advice to MoD become utterly futile? It was HSE's case that, had Martin-Baker provided (reiterated) a warning in February 1990, then MoD would have heeded it and Sean Cunningham's parachute would have opened. At any time, but especially given this fresh evidence, that is one hell of a jump.