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What are nominal damages?

April 26, 2017Damages nominal

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What are nominal damages?

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Nominal damages are awarded where there has been an infringement of a legal right but it has not resulted in any loss for which compensation may be claimed (see the case of The Mediana [1900] AC 113). If actual damage to the claimant is an essential element of a cause of action (for example, for negligence) then failure to prove any damage by the claimant will result in the dismissal of the claim. If actual damage to the claimant is not an essential element of a claim (for example – a breach of contract or trespass to land), the claimant will be given judgment only when proof of the matters that are essential are may know, but cannot be awarded damages beyond a nominal amount. Riyaz Jariwalla is a solicitor who specialises in intellectual property law and commercial litigation.Riyaz can be contacted at riyaz.jariwalla@lawdit.co.uk.