''Ashby v White'' (1703
92 ER 126
is a foundational case in

UK constitutional law The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but princ ...

and

English tort law English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requi ...

. It concerns the

right to vote Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...

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.

Facts

Mr Ashby was prevented from voting at an election by the misfeasance of a constable, Mr White, on the apparent pretext that he was not a settled inhabitant. At the time, the case attracted considerable national interest, and debates in

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

. It was later known as the

Aylesbury Aylesbury ( ) is the county town of Buckinghamshire, South East England. It is home to the Roald Dahl Children's Gallery, David Tugwell`s house on Watermead and the Waterside Theatre. It is in central Buckinghamshire, midway between High Wy ...

election case. In the

House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...

, it attracted the interest of

Peter King, 1st Baron King Peter King, 1st Baron King, (c. 1669 – 22 July 1734), commonly referred to as Lord King, was an English lawyer and politician, who became Lord High Chancellor of Great Britain. Life King was born in Exeter in 1669, and educated at Exeter Gram ...

who spoke and maintained the right of electors to have a remedy at

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

for denial of their votes, against

Tory A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. Th ...

insistence on the privileges of the

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...

. Sir Thomas Powys defended William White in the House of Lords. The argument submitted was that the Commons alone had the power to determine election cases, not the courts.

Judgment

Lord Holt CJ Sir John Holt (23 December 1642 – 5 March 1710) was an English lawyer who served as Lord Chief Justice of England from 17 April 1689 to his death. He is frequently credited with playing a major role in ending the prosecution of witches in Eng ...

was dissenting from the judgment in the

Court of King's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common ...

, but his dissent was upheld by the House of Lords by a vote of fifty to sixteen. His judgment reads as follows.(1703) 92 ER 126, 137-139 and (1703) 2 Ld Raym 938, 953-958

Notes

{{reflist, 2

References

*'' Watkins v Home Office'' [2006
UKHL 17
*''Watkins v Secretary of State for the Home Department'' [2004
EWCA (Civ) 966
and on appeal to the House of Lords, [2006
UKHL 17
regarding legally privileged correspondence of a prisoner being interfered with. Election law in the United Kingdom English tort case law 1703 in law Lord Holt cases Constitution of the United Kingdom 1703 in England Court of King's Bench (England) cases United Kingdom constitutional case law

Facts

Judgment

See also

Notes

References