Yes. You've got to remember that judges are human beings,with hates,loves & vices like the rest of us. That's why they have to dress in ermine & wigs,sit above mortals on a high platform & have an usher in the court whose only job is to frequently tell the rest of us to standup & sit down: i.e. to disguise the fact that they have to breath like the rest of us. Judges all having all been very good barristers, their career skill is representing people who they know are already murderers & selecting the arguments to get them off,or representing the CPS & using every skill & trick to get innocents like the Birmingham six convicted, even though they may doubt it. In other words by necessity they have no morality.
So depending on their world view, as judges they will be influenced by their emotions & use their considerable ex Barrister skills to present excellent reasons that stand up for their finding. An ex matrix chamber,(Cherie Booth's ex chamber),judge would have found reasons to find for ASLEF. Most other judges would have found against ASLEF. The appeal judge also found against ASLEF. But why should Govia risk going for an injunction now when they are in the final straight & the RMT runner is a basketcase? If they lost it would risk their DOO victory. But later when guards can't be brought back they may bite the bullet. Govia will be likely to win,but if not it won't bring back Southern guards who will be discarded pawns forgotten by RMT..
ASLEF,like most of us who loose, are smarting & wanting to have another go via a new strike. But why waste a war chest,someone said he'd burn 6 months post tax wages,on fighting a lost battle for guards? A serious attack on the pension fund, forcing route learning only by DVD & stopping road refreshers, fitters driving ecs from depot to station(as Isle of Wight fitters do into the platform at Ryde st Johns)& other changes, which all drivers can imagine,could lead to a serious erosion of driver's power, But to lose weeks of wages for RMT! I hope ASLEF big wigs are too clever to fall for that.