Ashby v White

Ashby v White
Ashby v White
Court	Court of King's Bench
Decided	1 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
Dissent	Holt CJ
Keywords
	Rights; Vote; Property; injuria sine damno; Exemplary damages; Writ of error;

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 damage and that it is sufficient to demonstrate that a right has been infringed.^[4]

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."^[5]

^ Watkins v Home Office and others, 13 (UKHL 29 March 2006) ("But Holt CJ dissented. He described the plaintiff′s right as ″a personal right″ (p 270) but also (p 276) as ″a matter of property″ and regarded the plaintiff as entitled to the benefit of a franchise vested in the corporation (p 271)."), Text.
^ Beatson, J.; McBride, N.J. (2021). Key Ideas in Law: The Rule of Law and the Separation of Powers. Bloomsbury Academic. p. 134. ISBN 9781509938773.
^ Cite error: The named reference Graber1 was invoked but never defined (see the help page).
^ Cases Illustrating the Principles of the Laws of Torts, p. 476, at Google Books
^ . 92 ER 126 http://www.commonlii.org/uk/cases/EngR/1738/87.pdf. {{cite journal}}: Cite journal requires |journal= (help); Missing or empty |title= (help)

[1] Watkins v Home Office and others, 13 (UKHL 29 March 2006) ("But Holt CJ dissented. He described the plaintiff′s right as ″a personal right″ (p 270) but also (p 276) as ″a matter of property″ and regarded the plaintiff as entitled to the benefit of a franchise vested in the corporation (p 271)."), Text.

[2] Beatson, J.; McBride, N.J. (2021). Key Ideas in Law: The Rule of Law and the Separation of Powers. Bloomsbury Academic. p. 134. ISBN 9781509938773.

[Graber1-3] Cite error: The named reference Graber1 was invoked but never defined (see the help page).

[4] Cases Illustrating the Principles of the Laws of Torts, p. 476, at Google Books

[holt-5] . 92 ER 126 http://www.commonlii.org/uk/cases/EngR/1738/87.pdf. {{cite journal}}: Cite journal requires |journal= (help); Missing or empty |title= (help)

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