Mildrewv, as far as i am aware, since the withdrawal of crown immunity, the individual members of HMF are responsible for their actions and hence, any claims for damages will be aimed at the individual and not MOD. IMHO i think that this was one of the factors driving the Mull of Kintyre BOI and possibly this one.
As has been said, the crews were under RIS and therefore responsible for their own terrain seperation irrespective of controller instructions/advice. Good luck Spot. Regardless of the outcome of the CM, i'm sure it cannot be any worse than the hell that i suspect you are going through.