Addendum:
Creamy it would appear that the s20A implied breach was resolved at the AAT pre-hearing conference which led to the matter being pulled out of the AAT.
Besides the reference in the White missive (CAIR 09/3) the only other references were in the NOS:
And in a reply letter from Rule to DJ's lawyer in the lead up to the intended AAT hearing:
Cheers
Sarcs