If you ever have a problem with the CAA I would suggest contacting Tudor Owen, who posts as Flying Lawyer here. I seem to recall he has experience of defeating the Campaign Against Aviation on the issue. I also have a friend who is an expert witness and an instructor. I am sure he would produce an honest opinion on any case people have, taking into account common aviation practice.
Has there been any formal, academic study of this aspect of the training requirement? Sounds a bit strange, as little work has been done in the area of aviation training as far as I can find (hence the groundschool courses of JAA are such junk. Did consider looking for funding for a PhD on the issue, but got a job instead) but such a study would clear up the issue, and probably hold some weight in a court.