Looking at the current "115" hearing, as it has now come to the attention of the P.L. via the first tribunal decision, that City didn't have a flat pitch to play on, due to the unlawfulness of the P.L.'s own rules, I don't see how the present tribunal can ignore submissions by City trying to refer to that decision. Last week it was reported that City's attempts to reference the recent decision were being ignored by the current panel.
If the current panel are standing on ceremony and saying that City can't amend ANY argument they hadn't previously given notice of prior to the hearing, that's a very dangerous course for this panel to follow, bearing in mind the "unlawfulness" which has already been found within the rules.
That to me is contrary to natural justice, and a recipe for further litigation, especially when taking account of the strength of that 1st tribunal panel, who came down very strongly in City's favour - irrespective of the subsequent misleading narrative of the P.L. and the media generally.
Of course, the P.L. lawyers could accept and recognise that finding of unlawfulness if they wished - and allow City to use that finding - if they were reasonable, but they can't (yet!) risk all the 115 charges falling apart and being thrown out, I guess, so the argument will continue.... for a while - but I wonder if it's going to dawn on the P.L. soon that they need to close this all off very quickly now; settle with City; then redefine ALL the relevant rules?
What a can of worms we've opened.