Over here we're used to seeing lawyers nitpick the laws to justify their position. I'm sure, given high enough stakes, it would be no different in the UK.
Speaking with no specific knowledge of JAA rules, I think BobTheDoc's explanation is correct. I'm sure, however, one could find a case which would render that advice totally incorrrect. You cannot make a rule which will apply to every case -- we can only speak "in general".
That's true for almost everything in medicine!