Personal data 'in the balance'

The case of Mr Durant versus the FSA could be coming to a close! As reported in the Times today (13th October, 2005):

"Last night, lawyers for Mr Durant said no formal agreement between the parties had been reached and stressed: "Our client's position is reserved." The FSA confirmed that discussions were ongoing while officials' in the House of Lords' judicial office confirmed the appeal had not been formally withdrawn.
But lawyers said if a deal were reached and the appeal withdrawn, it might be years before another test case made its way to Britain's highest court. The current, narrow interpretation of personal data would continue to operate and employers would be under no obligation to hand over a significant volume of documents."

Even if the ruling were to stand, would it be reasonable for businesses to 'hide behind', what is likely to become, a mechanism for shirking responsibilities that would 'normally' be expected of a data controller?