Thank you for that link S41. No doubt we'll all be watching the outcome of this with interest.
Having witnessed at first hand the difficulty MoD LA had pre TELIC and the 180 deg repositioning that went on, the structure of the MoD case should be good to watch.
The much wider implications of the increasing appetite for legal questioning of military employment have not made it to the levels where it is required, i.e. the coal face.
Let no one be in any doubt - legal advice changes (is made up) as we go along. People need to be damned sure where they stand and ready to ask/challenge if they're not comfortable.