Firstly, I am really surprised that the CPS could have made such a basic mistake. Thank goodness that the costs incurred are relatively low.
Now, I see that Mr Day says: “I am vindicated. I am now considering taking legal action against all those who muddied my name.â€
Words such as those make me shudder whenever I hear them, even though they are often spoken in the heat of the moment; the truth is, litigating when someone has "muddied (your) name" is a minefield. Like others before him, he wants his day in the High Court, getting redress, but will he get it? I don't think so.
If he is thinking of a civil action, his Barrister will have to answer this question: "Would the words tend to lower the plaintiff in the estimation of right-thinking members of society generally?"
Sim -v- Stretch [1936] 2 All ER 1237
Cases which do make it to the High Court invariably involve someone whose professional position could be undermined by the libel or slander and I do not see how Mr Day can claim that there have been tangible effects on his professional well-being or financial losses incurred, to be honest.
There is no Legal Aid available for Defamation cases, which is why you will see people like Jeffrey Archer litigating, but, I hope, not Mr Day. To fund a High Court action in this instance would be very very expensive and I hope that Mr Day can see that such litigation would be misguided. As it is, his Legal Team will surely advise him of this.
Simply my own humble opinion, by the way.