What is the current state of the law on nominal damages in personal injury cases?
British Columbia, Canada
The following excerpt is from Serban v. Egolf, 1983 CanLII 433 (BC SC):
A somewhat different approach was taken by Maule J. in Beaumont v. Greathead (1846), 2 C.B. 494 at 499, 135 E.R. 1039, who categorized nominal damages as "a mere peg on which to hang costs”. This approach no doubt was appropriate at the time, considering the law relating to costs then existing, but today it is not a relevant consideration in view of the wide discretion in the court.
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