Who has right of way here?

Hi all!

Just a quick question. Thought I'd post here, because you guys are the RAC after all :)

Who has right of way here:

[IMG]http://i44.tinypic.com/2nganhg.***[/IMG]

Arrggh... The forums are starring out "j p g" at the end, so just add that in here:

http://i44.tinypic.com/2nganhg.***


Please imagine some cars blocked on the left hand side of the road. And it being pretty clear, near the little turn in (It's hard to see, so it's next to the white van)

My friend thinks that the person coming down has right of way, because their left is clear, but my opinion is that because of rule 155 of the highway code, where it says "give way wherever possible" (Yeah it's not a single track road etc... )

His argument is that it's "common sense" to wait, for that driver to come down, and my argument is that we have the law of gravity, and the fact that a car going uphill will naturally lose momentum ie: the "common sense"

His refutation to this is: "No that's called knowing how to drive properly, and being able to drive up hills" (Or words to that effect)

So who's right?