Flight successful. Now on the ground the FI says he is logging P1, you state you are logging P1 as no instruction took place. If the CAA ever called landed on the logbooks and found them both logging the same hours, would the FI feel confident enough to argue that the hours are his when there appears to be no legal basis for claiming them, only a club flying order?
Isn't it so that any Pu/t hours need to be countersigned by the FI? So wouldn't the fact that the "student" logs P1 and then does not offer his logbook for a countersignature gives a hint to the FI that he's not P1 for the flight?
Oh, and if the instructor claims to be P1 for the flight, isn't it his responsibility to make sure that all paperwork, including the "students" logbook, is properly filled in and duly countersigned?
So I doubt this would go as far as the CAA. Nevertheless, better to get this out of the way before the flight starts.
(The word "student" used here in the sense that it's the pilot being checked out, but not necessarily receiving instruction.)