ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
His Honour Judge Seymour Q.C.
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE MOORE-BICK
LORD JUSTICE JACKSON
| NICHOLAS OWEN GOAD
|- and -
|(1) PETER BUTCHER
(2) W.I. BUTCHER & SONS
Mr. Jonathan Watt-Pringle Q.C. (instructed by Barlow Lyde & Gilbert LLP) for the respondents
Hearing dates : 20th January 2011
Crown Copyright ©
Lord Justice Moore-Bick :
Lord Justice Jackson:
"155. Well before you turn right you should
- Use your mirrors to make sure you know the position and movement of traffic behind you
- Give a right-turn signal
- Take up a position just left of the middle of the road or in the space marked for traffic turning right
- Leave room for other vehicles to pass on the left, if possible.
- Position your vehicle correctly to avoid obstructing traffic
156. Wait until there is a safe gap between you and any oncoming vehicle. Watch out for cyclists, motorcyclists and pedestrians. Check your mirrors and blind spot again to make sure you are not being overtaken, then make the turn. Do not cut the corner."
"A failure on the part of a person to observe a provision of the Highway Code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings (whether civil or criminal, and including proceedings for an offence under the Traffic Acts, the Public Passenger Vehicle Act 1981 or sections 18 to 23 of the Transport Act 1985) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings."
"Remember, large vehicles and motor cycles need a greater distance to stop."
"A. Well that don't - - that don't look right. That don't look as though I'm near enough to the junction.
Q. No, it looks like you are too far back, does it not?
Q. You would not want to turn right from that position?
A. Well, no, no, not normally.
Q. As you drive around the corner - - let us make it very clear which corner I am talking about. As you are driving along Ely Road, your view around the corner improves, does it not.
A. Yes, yes, that - - well, the farther up the road you can get you can see.
Q. We can see on the bottom photograph that the trees are stopping us from seeing around the corner.
Q. When you go further forward you can see further down the road, can you not?
A. Yes, you would a bit, yes.
Q. So in order to see what was coming you would want to be as far forward as possible before you turned right, would you not?
Q. I think we have already agreed that the place to do that would be opposite the white lines in the centre of Cowbridge Hall Road.
A. Yes. Well, yes, yes, you would have to start the turn when you was in the - - after the markings for the road.
Q. You start to turn, you say, when you are opposite the markings?
A. When you're - - well, the mouth of the road opens out and you turn into it. You keep on your side of the road. "
Lord Justice Mummery: