In this particular case, I'll be honest: no, because the court gave us such a clear road map of either A or B, and we took B. It was also because there are so few cases that invoke this particular defence. Over 20 years, there have been fewer than 10, if I am correct.
I think it is highly unlikely that we're going to see the successful invocation of this defence, except in the most extreme— I don't want to say “extreme”—the rarest of circumstances.