Introduction 

• This case well established the principle of Injuria Sine Damnum. 
• This case sets the concept of when there is a right, there is a remedy. 

Facts 

• This is the case based on the UK Constitution and English Tort Law. 
• In this case, the plaintiff, Mr. Ashby, was prevented from voting by the constable, Mr. White (the defendant). 
• The plaintiff contended the infringement of his fundamental right to vote. 
• The defendant argued that the plaintiff was not a settled inhabitant and therefore was not eligible to vote. 
• This case is well known as the Aylesbury election case. 

Issue Involved  

• Whether remedy can be claimed even when there is no injury to the claimant? 

Observations 

• Lord Holt applied the principle of "Ubi Jus Ibi Remedium," which means "where there is a right, there is a remedy." 
• It was further added that preventing the plaintiff from voting is a violation of a fundamental right, regardless of whether there was any injury to the plaintiff. 
• The court also established the principle of "Injuria Sine Damnum," where damages can be claimed irrespective of whether an injury is caused. 
• 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 and applied the concept of exemplary damages. 

Conclusion 

• The plaintiff was held liable to claim damages from the defendant, whether actual damage occurred or not, and held the tort by the defendant as a violation of the plaintiff's fundamental rights.