In Ashby v. White, the plaintiff, Ashby, was a burgess of the town of Aylesbury who had the right to vote in local elections. White, the defendant, was a returning officer who unlawfully refused to allow Ashby to vote in a parliamentary election. Despite Ashby's eligibility and his attempt to exercise his voting right, White's refusal prevented him from casting his ballot. Ashby sued White for damages, claiming that the denial of his vote was a violation of his legal rights.

• 1. Whether a citizen has the right to claim damages for being deprived of the right to vote due to an unlawful act by an election officer.
• 2. Whether the plaintiff can recover damages even if the election result would have been the same regardless of the plaintiff's vote.

The Court observed that the right to vote was a fundamental legal right and that its deprivation due to the unlawful conduct of an official constituted a breach of that right. It emphasized that the right to vote was protected by law, and any unlawful denial of this right could be actionable. The Court noted that the maxim ubi jus ibi remedium ("where there is a right, there is a remedy") applied, indicating that a legal right must have a corresponding remedy. Therefore, damages could be awarded to the plaintiff to remedy the breach of his voting right, irrespective of the impact on the election result.

The Court ruled in favour of Ashby, affirming that he was entitled to damages for the unlawful denial of his right to vote. It held that White’s action in preventing Ashby from voting was an actionable wrong, and the plaintiff was entitled to compensation. The decision was based on the principle that the violation of legal right per se is sufficient to form damges (remedy), even in case there is no substantial damage caused due to such violation.