Hi beard,
This challange is the first of its kind and nothing to do with a tribunal which deals with employment issues.
This is the first challange of the regulator. The scientific evidence is avialable and published. You have a reference in my previous post. Google Grp Pct Timperely. No lawyer has argued this in Court. The data from 2004 is published by ICAO in their evidence for a change from 60 to 65.
The 1% incapacitation threshold is published. The age at which pilots can be expected to cross that threshold is 80 according to the avialable data.
Apart from that there are 10 countries where over 65 year old pilots are operating. What more evidence is needed?