It will never be “settled one way or another” unless it is appealed to the High Court, which is unlikely. Eve if it was decided at county court appeal, it would not be binding, only persuasive.
The point I make about their NtK not being fully compliant is down to interpretation. I have discussed this with a very long serving district judge and he agreed with me, that their NtK does not comply with PoFA 9(2)(e)(i). If it ever gets to a hearing, then it would have to be explained to the judge.
The NtK either is or isn’t PoFA compliant. It cannot be partially or even mostly compliant. If it isn’t, then the Keeper cannot be liable.
If you don’t feel like using that point, who am I to argue with you?