Windward boat

Situation with two boats sailing the same leg of a course, both on the same tack, the leeward boat is faster than the other, approaching from asterm and becomes overlapped with the windward boat.

Previously (several years ago) the leeward boat would have had to have been clear ahead and broken the overlap before aquiring luffing rights, however this no longer seems to be the case (at least I can't find anything about in the book anyway).  Is it correct then that there is no need to be clear ahead, and leeward boats can luff from the moment they become overlapped (assuming the overtaking boat rule doesn't apply)?

Ok, that makes sense on a reaching leg.  What about when the boats are sailing to windward and the leeward boat is sailing higher and faster.  Her proper course is then potentially going to cause a collision.  Example Class 1 yacht sailing to windward came up behind and to leeward of our boat (class 4 yacht).  We're not pointing as high or any where near as fast.  Should we give way, or him?

Calum, we're not going to be at Largo this weekend - damm weddings interfering with sailing !!! Have a good one.

Does L also have to give room and opportunity for W to keep clear as in a luff?

Also does L only gain rights once the overlap commences or more relevant, W only have to start taking avoiding action once that overlap commences? In this example, that action would probably mean tacking away - but if in doing so Ws stern swings to leeward and snags L, isn't that Ls fault for not giving room?

Guess it depends on whether L just puts her bow past Ws stern and demands immediate action or comes from further to leeward and is more fully overlapped for some time. Interesting, but if I was in the faster higher pointing boat I'd look to avoid the situation in the first place.

and the fact she has approached from astern and to leeward is irrelevant....  I think previously L had to have been clear ahead before she could call W up, but that no longer seems to be the case.  Seems strange, but I guess if that's the rules, then thats the rules.