I'm far from a legal expert but, from my own layman's eyes, I don't see a huge difference between the Loganair and Fly BMI case and this one. If anything, reading that decision posted above has cemented that view.
As I posted earlier we have it from Thyme OpCo's own mouth in the Heathrow slots appeal decisions that they could have saved the old airline. And we know some of the people involved with the old airline are now involved with the new one. In many ways you could equally say this was creative failure to transfer the assets they wanted and rid themselves of the liabilities.