To rule on a point of law the court needs to hear both sides in detail. To do this you better believe that the FSA's scientific staff will be summons to the court and cross examined, so will all other relevant research need to be admitted. This is necessary to provide a court ruling on the issue of whether "check out" were in breach of acceptable reporting standards.
In the absence of conclusive scientific evidence the FSA will just stick to its old line. ... result...no case to answer, court dismissed!
I think its a bit of a long shot and a distraction. The best that can come of this is that a2mc is prepared to defend itself, therefore the perception is that there must be something in it.
I guess we will find out in due course NT!