I read the judgement (http://www.bailii.org/ew/cases/EWPCC/2012/1.html, linked to from the page originally posted), and I think it is a clearly-written, well-thought-out ruling in a subtle case.

The finding hinges on the fact that the infringing photograph was not an independent work, but was created based on knowledge of the claimant's original photograph, without drawing inspiration from (or knowing about) other similar works, a series of which are analysed. In no way does it mean that any photograph of a red bus in London would infringe on the claimant's copyright; in fact, this is specifically denied, and various ways in which the defendant could have created a non-infringing photograph are discussed.

I find it's often instructive to read actual judgements rather than what is reported about them in the press.