Legal challenges are often very time-consuming and expensive and someone like Sir Richard Branson who likes to make a lot of money and not necessarily spend a lot of money wouldn't do this lightly.
In a sense though, did we ever expect him to bow out quietly and gracefully if he lost something he'd controlled and grown since 1997.
I think it's clear from most lawyers I've spoken to, the government and sources at FirstGroup tonight feel pretty confident that his case is not that great.
But the difficulty might come when any legal challenge starts chewing up a lot of time, and money.
FirstGroup needs to get this done so they're ready to take over the franchise in December.
These things are costly, complicated and the franchise system is notoriously tangled up.
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.