Am not sure either “side” would want this. Nobody is going to (willingly) take a case against the collective legal and financial might of the MOD – nothwithstanding the flakiness of their case. For their part, the MOD have seemed reluctant to press the matter.
As far as warbird owners/museums/collectors are concerned (and apart from the financial considerations already mentioned) why would they want to prod a hornets nest? Especially as outcomes of legal cases can never be predicted!
Although it is never openly discussed or spoken about, I do know that there are more than a few warbird owners/restorers etc who have niggling concerns about this matter. It is a can of worms. I think all probably hope that it stays closed.