Ashby v White

Ashby v White
An Election III, The Polling, by William Hogarth
CourtCourt of King's Bench
Decided1 January 1703
Citations(1703) 92 ER 126, (1703) 2 Ld Raym 938, (1703) 1 Sm LC (13th Edn) 253
Case opinions
Holt CJ, Powell J, Powys J, Gould J
DissentHolt CJ
Keywords

Ashby v White (1703) 92 ER 126, is a foundational case in UK constitutional law and English tort law. It concerns the right to vote and misfeasance of a public officer. Lord Holt laid down the important principle that where there is injury in the absence of financial loss, (injuria sine damno) the law makes the presumption of damages and that it is sufficient to demonstrate that a right has been infringed.

Said Holt: "It is a vain thing to imagine, there should be right without a remedy; for want of right and want of remedy are convertibles: if a statute gives a right, the common law will give remedy to maintain it; and where-ever there is injury, it imports a damage."