Thanks for you posting JB.
I found it very informative and I agree that the Crash of XV230 would appear that not only was the accident predictable but it was predicted.
However as far as bereaved families filing a “duty of care” criminal charge against a series of people in MOD is concerned, we have Distant Voices Catch 22 scenario.
DEF STAN 00-56 also implies that a/c can be flown that are "unacceptable". Because MOD's definition of "unacceptable" is " A level of risk that is tolerable only under exception circumstances" And that, they will claim is what the situation is in Afghanistan.
So even if XV230 was deemed to have airworthiness that was unacceptable it is possible that someone out there in a high ranking position could have over ruled the line chief.
They would therefore say that the ac was at a level of risk that was tolerable due to exception circumstances and any court case would have no chance of success.