Foxy, I think you're being a little paranoid.
That sort of element of 'responsibility' was always there (
dare I mention Ben McDui without starting a massive discussion?) ISTR that it is ATC who have asked for the clarity in CAP774. Also, I think your "amongst his peers" bit is an interesting comment as that would relate to the accepted understanding of negligence. I think that any legal action would have to demonstrate negligence with the use of expert peer opinion. Got many friends in ATC?
Spinning this around, what would you like the definition to say?