You are right to consider the legal protection that BALPA can offer..They are also not obliged to take your case to court,as you suspect,the requirements would be that they have a reasonable chance of winning or it is a precedence case.However,the benefits of legal protection greatly outweigh the subs. Of course there are other companies that can give you legal protection,such as ALPL.their subs run to around £200 for £250,000 cover.The option of taking a case to court again lies with them.
To anyone who does not have legal protection.Get it Now! there is a really useful article in a recent Balpa log about your liabilty as a pilot and you may liable in ways you hadn`t realised.Even if you decide to change who you pay your subs too,don`t let it expire-Every pilot should have legal cover.