How have courts interpreted the rule of common law in the context of personal injury cases?
British Columbia, Canada
The following excerpt is from Coast Tractor & Equip. Ltd. v. Halliday, 1987 CanLII 2760 (BC SC):
At p. 11, he quoted the modern restatement of the rule in Barclay-Johnson v. Yuill, [1980] 1 W.L.R. 1259, [1980] 3 All E.R. 190, per Megarry V.-C. at p. 193, and then at p. 12 et seq. he listed four exceptions to the rule, the first of which is: 1. for the preservation of assets, the very subject matter in dispute, where to allow the adversarial process to proceed unguided would see their destruction before the resolution of the dispute.
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