One of the first line of arguments brought out by the MoD was that the RAF had been concentrating on missile defence and that the vulnerability of the Hercules to this kind of attack was not known about. Well, back in 2002 we certainly had little or no defence against missiles. However, the cancellation of the anti-missile program for the Hercules in 2004/05 just served to underline the fact that there is not enough money in the hands of the RAF to provide adequate protection against the perceived threat. As for not knowing about the need for foam, this foam presentation and concerns about lack of protection were made back in 2002, by the pilots themselves!
If the MoD end up with a huge bill for damages then they will have deserved it for the negligent way in which they have gone about aircraft protection. Maybe, just maybe, the Hercules foam fitting program will now be accelerated.