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Fagan v Jeffers [2005] EWCA Civ 380 (09 March 2005)

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Where opposing traffic had stopped in order to allow a motorist to turn right, the Court held that the motorist had to proceed with the utmost care and not proceed to cross the carriageway until he had satisfied himself that no traffic was likely to come up on the inside of the opposing traffic. In fact, the motorist had failed to take such care and the Court accepted that the trial judge had been entitled to find him 50% liable for the resulting collision with a motor scooter.

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