I don’t know, i feel that there would be a fair chance. Also I suspect BA might just settle the claim. But yes it does depend on your risk and willingness to lose, so not get back the money for the new booking.

What I would do tho if availability opens up is call BA, emphasise you felt obliged to take the flight in a few days because there was nothing else at the time, and point out every extra day is costing BA €xxx in duty of care. They would have to get a supervisor to approve, but I think again there is a chance they would see sense.