Skip to content
The scales of justice on a plain background

Anns v Merton London Borough Council

1978 · [1978] AC 728

Posted By lanbuk.com

Facts

A council allegedly failed properly to inspect the foundations of a block of flats, which later developed cracks.

Issue

Did the council owe the flat owners a ?

Held

Yes, a duty was owed.

Principle

Lord Wilberforce's two-stage test: (1) sufficient proximity/foreseeability; (2) any policy reasons to negate or limit the duty.

Why it matters

Widened liability; later departed from and overruled by Murphy v Brentwood (1991).

Cited in these chapters

Cite this page

Anns v Merton London Borough Council [1978] AC 728 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/anns-v-merton> accessed 31 October 2026

The accessed date is today's date. Check your course or publisher's style guide.

This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.