Anns v Merton LBC - Learning can be fun! - www.lcate.co.uk

Anns v Merton London Borough Council [1977] UKHL 4, [1978] AC 728 was a judicial decision of the supreme court at its date. Claimants (tenants of a block of flats) brought an action against the council for failing to inspect the foundations of their property during construction. ISSUE - Did the council owe a duty to inspect the building? - Held: Yes, recovery was allowed as there was material damage. In this case the Ann test was formulated: Anns test created: 1. Is there a sufficient relationship of proximity and foreseeability? If so, a prima facie duty of care exists
2. Are there any considerations which could negative, reduce or limit the scope of liability? This case is now NOT considered good law. It has been overruled by: Murphy v Brentwood BC.

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