Oh my. The company produced a duty schedule beyond permissible max FDP
and told court it would be legal for CMD to use discretion to make their plan happen!
Genuine question, is this how UK CAA interprets the rules? Here's ours, I believe bog standard, OM-A wording (my bolding ):
... to modify the limits on flight duty, duty and rest periods by the Commander in the case of unforeseen circumstances in flight operations, which start at or after the reporting time, shall comply with the following
(caveat: the above issue is not the crux of the argument at court as I understand it, and was completely avoided in the judgement)