Those who seriously believe that the Vilven-Kelly issue is closed or even that the latest CHRT decision on BFOR will withstand a challenge in judicial review owe it to themselves to take a look at the detailed legal analysis recently posted on the Fly Past 60 web site Update page:
FlyPast60 Web Update Page -- Fly Past 60 Coalition Recent Events .
They have obviously gone to a huge effort to boil down a complex legal issue into simple terms, and they even include a flowchart that maps out the various portions of the proper legal test:
http://www.flypast60.com/Documents/Flowchart.pdf
It's a pity that the Tribunal didn't go to the trouble of doing the same degree of legal analysis prior to rendering its decision.