Anns v Merton LBC [1977] UKHL 4

ON 12 MAY 1977, the House of Lords delivered Anns v Merton LBC [1978] AC 728.

Anns and others were tenants in a block of flats in which were discovered to have structural defects. The council of Merton were responsible for inspecting the depth of the foundations during the construction of the building. The tenants therefore sued the council and the builder for negligence.

The council were held to owe a duty of care to the tenants to ensure the foundations were of the correct depth. The case is historically significant by how it broadened the way in which the courts determined if there was a duty of care.

The court introduced a two stage test to determine the scope of the duty of care, though this test is no longer followed in Australia: see Council of the Shire of Sutherland v Heyman [1985] HCA 41; (1985) 157 CLR 424 (4 July 1985).

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