Anns v Merton LBC [1978]

Court: House of Lords

Facts: Mrs Anns' house suffered structural damage due to inadequate foundations. She sued Merton London Borough Council, alleging negligence for failing to properly inspect and approve the construction of the house, resulting in inadequate foundations.

Held: The House of Lords established a two-stage test for determining whether a duty of care exists in negligence:

1. Proximity and Foreseeability: Whether there was a sufficient relationship of proximity between the parties, and if it was fair, just, and reasonable to impose a duty of care.

2. Policy Considerations: Whether there were any policy reasons to negate or limit the duty of care.

The court ruled that Merton London Borough Council owed a duty of care to Mrs Anns. This test, known as the Anns test, was influential but later criticised for being overly broad.

Key Judicial Statement: Lord Wilberforce stated, "In determining whether a duty of care exists, the court must first establish whether there is a sufficient relationship of proximity and foreseeability. If so, it must then consider whether there are any reasons of policy that would negate or limit the duty of care."

💡LevelUpLaw: The Anns test was a major development in negligence law but was eventually overruled in favour of a more nuanced, incremental approach in later cases like Caparo v Dickman and Robinson v Chief Constable of West Yorkshire Police. This evolution reflects the need for a more precise determination of duty of care.