So jacked the rear up tonight so I could put spring washers on the caliper mount bolts but to my (not so) surprise they already had them! (I bloody knew they were there) Well on the drivers side anyway as haven't done passengers yet. But seeing as they are smaller than the bolt head they weren't visible... so put new ones anyway that are shiny so that shouldn't be a problem now.
While I was underneath the rear I could see that the outer CV is hitting part of the body which is why the clamp keeps braking and that's also split the CV boot fuuuuuuu. So folded up the steel and gave it a bash with a hammer which will hopefully be enough clearence above the axle. The passenger side seems fine though so will leave that alone. I tried jacking up the rear control arm as much as possible to test clearence but after a certain point the whole car was getting jacked up as well so will just have to see how it goes for now. Photo is pre-folding/bashing

Edit: didn't realise pic was blurry til now will try get a clearer one tomorrow.