Nicholas ,
Thanks for your reply .
The scenario I had in mind is where an FO deemed his commander to be incapacitated ( say mentally) , the commander disagrees and the FO insists on wresting control and the commander maybe physically is unable to resist . Subsequently, the Commander maintains his view and the compamy is required to adjudicate. I am not sure how the company would decide bur suppose the company were minded to believe the commander. Initially there is a company disciplinary matter? (unless the company will always accept that an FO will always act in good faith) but is there then not an offence of potentially endangering an aircraft ( the FO's skilis not in doubt) by cauisng potentially damaging conflict in the cockpit? it would not only be a matter for the company, a third party, cabin crew/pasenger who were aware could contact the CPS
Fot examole there has always been speculation that the FO and Pilot of the EGYPTAIR 767 were fighting the controls. Had the aircraft survived . would not the FO have been criminally liable? I accept that the latter may have had crminal intent unlike the FO in my scenario but the connection is that both FO's are acting contary to the order of a superior who claims to be compos mentis and is legally responsible.
Kind regards