caz:
You will recall that the Reviewing Officers deemed the Pilots to be negligent before the "Waypoint Change" (0.95 NM from impact) - when even the HOL Committee admitted the Pilots were in control of the aircraft.
Even if there was an emergency after waypoint change (for which there is no evidence) that does not alter the liability of the Pilots because they had already failed in their duty.
Was that "negligence" not due to the "certainty" that the aircraft was in IMC at the "Waypoint Change", caz. Has the MOD not since admitted that there is now no such certainty? On what basis are they still negligent before "Waypoint Change". Please, please don't let it be something to do with breakfast! Are you now saying that even if an emergency (such as a control jam) happened after "Waypoint Change", that the finding stands as far as you are concerned?