Sir Richard has told me that legal action is Virgin Train's "last resort" over the West Coast franchise and he believes a judicial review will delay the process.
He said: "Judicial reviews are hard to win but we feel we have a shot".
Remember the Virgin Trains mess? Later an official report into what went wrong will be made public.
The Government has been forced to admit the profitable West Coast Main Line contract has yet to be signed, thanks to a legal bid by Virgin.