The ombudsman, Ann Abrahams, has already indicated her determination to push this further by exercising some of the little used powers her office has to take the government to task over its response and she is due to present her case this week or early next week. I would have thought it would have made more sense for EMAG to wait until after that before deciding to spend its members' money launching a judicial review.

By appearing to pre-judge the government's further rejection of the very powerful case for compensation made by the ombudsman, EMAG might precipitate it. The Treasury could well decide that as it is going to have to go to court to defend itself later next week it might as well put the whole issue in the hands of the High Court and not waste time on arguing in Parliament anymore.