Anns & others vs Merton London Borough Council
Reference : [1978] AC 728
Jurisdiction : England
Plaintiff : Anns & others
Defendant : Merton London Borough Council
Facts :
A pair of flats were constructed under the supervision of the Merton Borough Council. The local authority was responsible for inspecting the foundations during the construction. Several years after the purchase, the flats suffered severe structural damage due to inadequate foundations. The plaintiffs, tenants of the flats, sued the council, alleging that it had failed to properly inspect the building work. The damage was discovered long after construction, raising the question of liability. The council had statutory duties under the ‘Public Health Act, 1936’ to ensure the safety of buildings. The plaintiffs argued that the council’s negligence in carrying out inspections had led to the damage. This case became pivotal in defining the scope of liability for local authorities in construction.
Issues :
- Did the local authority owe a duty of care to subsequent occupants to ensure the building was properly constructed?
- Could the council be held liable for failing to carry out adequate inspections under its statutory duties?
Decision :
The House of Lords held that the local authority owed a duty of care to homeowners. Lord Wilberforce established a ❝Two Part Test❞ for determining the existence of a duty of care. The two stages ask:
- Whether there is sufficient proximity between the parties.
- Whether there are policy reasons to limit or exclude the duty.
This two-stage test, which was applied in Anns, was later replaced by the more structured three-part test established in Caparo Industries PLC. v Dickman. The Caparo test introduced further requirements for foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty of care.
In this case, the council was found liable for its negligent failure to inspect the foundations properly.
Author :
1. Shahed Jaman
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