Anns v Merton LBC

Anns v Merton London Borough Council [1977] UKHL 4, [1978] AC 728 was a decision of the House of Lords that established a broad test for determining the existence of a duty of care in the tort of negligence, called the Anns test or sometimes the two-stage test for true third-party negligence. The case was overruled by Murphy v Brentwood DC [1991].

In 1962, the local authority of Merton approved building plans for the erection of a block of maisonettes. The approved plans showed the base wall and concrete foundations of the block to be 'three feet or deeper to the approval of local authority'. The notice of approval said that the bylaws of the council required that notice should be given to the council both at the commencement of the work and when the foundations were ready to be covered by the rest of the building work. The council had the powers to inspect the foundations and to require any corrections necessary to bring the work into conformity with the bylaws but was not under an obligation to do so.

The block of maisonettes was finished in 1962. The builder, which was also the owner, granted 999-year leases for the maisonettes, and the last conveyance took place in 1965. In 1970, structural movements occurred resulting in failure of the building comprising cracks in the wall, sloping of the floors and other defects. In 1972, the plaintiffs, who were lessees of the maisonettes, issued writs against the builder and the council.

The plaintiffs claimed that the damage was a consequence of the block having been built on inadequate foundations since there was a depth of only two feet and six inches, instead of the three feet or deeper shown on the plans and required under the bylaws. The plaintiffs claimed damages in negligence against the council for approving the foundations and/or failing to inspect the foundations.

At the hearing at first instance, the plaintiffs' case failed on the basis that it was statute barred as the cause of action arose on the first sale of a maisonette by the owner, more than six years before an action was commenced. The Court of Appeal allowed the appeals on the basis that the cause of action arose when the damage was discovered or ought to have been discovered.

The court found in favour of the tenants.

The appeal was raised on two points:

The House of Lords unanimously decided that a duty of care existed and that such a duty was not barred by a "limitation of actions" statute.