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This case is a poor example if folk are saying LIP acting = evidence of lack of access to justice.

If it was a good case, he'd have no problem proceeding on a CFA. Subject to the small claims limit, that often isn't a problem anyway in these cases, Prof neg cases are fully costs bearing and, whilst tough, they are very attractive to good litigators. You have sophisticated, professional, insured opponents (if often boned headed) and so you can usually justify above Guideline Hourly Rates if you win. You just need to be a good picker.

I too fear the popular press interpretation, which will be, poor honest Joe, chucked out of his case by mealy-mouthed, pedantic lawyers over a mere technicality.