To me the fact that the pilot was in breach of his license (commercial, night) is no longer the issue, it will be undoubtedly listed as a breach contributing to the crash, possibly following the "aviate" issue of spatial disorientation and/or icing. What is more important is that this high profile case is an opportunity for the CAA to clamp down on grey charters and bring us back to what the law intended. Commercial is commercial, private is private, and introducing the FAA "common purpose" would be a good start.