DUTY OF CARE PATH
PDR1 & PB 84
The whole point here is there is no clear 'path' on responsibility (or easily found records), and therefore only a very messy legal battle will ensue that in itself will only feed the lawyers, but will not put anything back into the system (as no system was being followed).
No one is saying operating under an AOC is trouble or incident free, but it does ensure a 'DUTY OF CARE' path that is 'traceable' on most of the counts.
That is the big difference in this sort of case as any obvious deficiencies can be fed back into the system for future operations.
The big question is who wishes to pay for this 'service' as the travelling public are frequently not aware of the fact that the charges made are due to the SAFETY element of a flight and nothing else.
I think we all know who the authorities and legal beavers will be looking at to start the trail in this case.