Ashby v White

Ashby v White (1703) 92 ER 126 is a landmark case in UK constitutional and tort law, pivotal in affirming the principle that legal rights violations warrant remedies even in the absence of tangible damage. The case arose when Mr. Ashby, a qualified voter, was wrongfully prevented from voting by constable Mr. White.

Lord Holt’s judgment emphasised the doctrines of Injuria Sine Damnum (legal injury without physical harm) and Ubi Jus Ibi Remedium (where there is a right, there is a remedy), underscoring the protection of fundamental rights and the accountability of public officials.

Facts of Ashby v White

Ashby v White is a landmark case in UK constitutional and English tort law that deals with the right to vote and the misfeasance of a public officer. The plaintiff, Mr. Ashby, was prevented from voting in an election by Mr. White, a constable, who claimed that Ashby was not a settled inhabitant eligible to vote. Ashby argued that he was a qualified voter and his exclusion from voting violated his fundamental rights.

The case gained significant national attention and was debated in Parliament, becoming known as the Aylesbury election case. The House of Lords, with significant interest from Peter King, 1st Baron King, debated the electors’ right to seek a remedy at common law for the denial of their votes, contrary to the Tory insistence on the privileges of the House of Commons.

Issues Raised in Ashby v White

The primary issue in Ashby v White was whether a person can claim rights over the damages suffered due to the actions of another, specifically, whether Mr. Ashby could claim damages for being prevented from voting, even though the candidate he intended to vote for won the election.

Plaintiff’s Argument

Mr. Ashby in Ashby v White contended that:

• He was a resident of Aylesbury and a qualified voter in the Aylesbury Parliamentary Election.
• Mr. White, the police constable, prevented him from casting his vote despite his qualifications.
• This prevention was a violation of his legal right to vote.
• Mr. White should be held liable for the infringement of his fundamental right.

Defendant’s Argument

Mr. White argued in Ashby v White that:

• Although he prevented Mr. Ashby from voting, the candidate whom Ashby wanted to vote for won the election, causing no actual loss to Ashby.
• Preventing someone from voting did not cause any injury or damage to the plaintiff; thus, Ashby could not claim damages.

Ashby v White Judgement

The judgement in Ashby v White was delivered by Lord Holt C.J., who presided over the case. Lord Holt held that:

• There was a violation of Mr. Ashby’s fundamental right to vote.
• Even though Ashby did not sustain any actual loss or damage, his fundamental right was violated.
• Ashby was entitled to a remedy and could claim damages against Mr. White.
• The success of the candidate Ashby intended to vote for was irrelevant to the right to claim damages.

Exemplary Damages

The court in Ashby v White recognised the concept of exemplary damages for misfeasance in public office, which aimed to punish and deter harmful conduct by public officers. Lord Holt acknowledged that greater compensatory damages were appropriate in such cases to serve as a punishment and a deterrent against future misconduct by public officers.

Legal Principles Established

Injuria Sine Damnum

This principle, meaning “legal injury without any physical harm,” was important in this case. It was established that a person’s legal rights could be violated without causing physical damage or financial loss and such a violation itself was sufficient to warrant a legal remedy. The court held that the infringement of Ashby’s right to vote was a legal injury, even though it did not result in any tangible loss.

Ubi Jus Ibi Remedium

This maxim, meaning “where there is a right, there is a remedy,” was also central to the case. It underscores that whenever a legal right is infringed, the law provides a remedy, regardless of whether any actual damage or loss has been sustained. Lord Holt affirmed this principle, granting Ashby the right to seek damages for the violation of his voting rights.

Significance of Ashby v White

Ashby v White is a seminal case that underscores the protection of individual rights and the provision of remedies for their infringement. It established important legal principles that have had a lasting impact on constitutional and tort law in the UK. The case reinforced the idea that fundamental rights, such as the right to vote, must be protected and any violation of these rights warrants legal recourse.

The case also highlighted the role of the judiciary in upholding individual rights against the actions of public officers. By recognising the concept of exemplary damages, the court aimed to deter future misconduct by public officials, emphasising the importance of accountability in public office.

Conclusion

Ashby v White (1703) remains a cornerstone in the realm of constitutional law and tort law. The case established crucial legal principles regarding the protection of individual rights and the remedies available for their infringement. The court’s recognition of exemplary damages for misfeasance in public office set a precedent for holding public officials accountable for their actions. The principles of Injuria Sine Damnum and Ubi Jus Ibi Remedium, affirmed in this case, continue to be fundamental in protecting individual rights and ensuring legal remedies for their violation.