The appellants thus have leave to argue that in thecircumstances the council owed no duty of care to the plaintiffs. The defendant Council was responsible for inspecting the foundations during the construction of the flats. It also briefly takes into account the other tests for establishing duty of care i.e. That may be correct when the act done under thestatute inherently must adversely affect the interest of individuals. deep instead of 3 ft. or deeper (as pleaded). It was said that the damage was already there before theBoard came on the scene: so it was but the Board's action or inaction un-doubtedly prolonged it, and the action was in respect of the prolongation. The flats suffered from structural defects due to inadequate foundations which were 2ft 6in deep instead of 3ft deep as required. Keywords ... despite their earlier decision in Anns v Merton London Borough [1978] AC 728, there was no general duty of care resting on local authorities to secure compliance with building by-laws or regulations. In the alternative,since it is the duty of the builder (owner or not) to comply with the byelaws,I would be of opinion that an action could be brought against him, in effect,for breach of statutory duty by any person for whose benefit or protection thebyelaw was made. I respectfully agree with and adopt that passage in Lord Reid's speechwhich, to my mind, is just as apt in the instant case as it was in the DorsetYacht Ltd. Co. case. What were the facts of each case? At the time of the inspection it was, of course, readilyforeseeable that if the inspection was carelessly carried out future tenants orassignees would suffer damage but their identity was, of course, then unknown,just as the identity of the plaintiff in Davie v. New Merton Board Mills Ltd. [1959]A.C. 604 was unknown to the defendants at the time when they negligentlymanufactured a defective tool seven years before a part of it broke off andflew into the plaintiff's eye. 373, 376. and I have some doubt whetherthey differed from the views of Lords Romer and Porter which seem to haveturned largely on the facts of that particular case. Marks era of 'liability expansion' amidst a back drop of 'collectivist politics' in 60/70s. This, in my view, is left to thecouncil's discretion—but I do not think that this is an absolute discretion.It is a discretion which must be responsibly exercised. Those persons who investedin the company in reliance on the accuracy of the accountants' certificatewould have a claim for damages against the accountants for any money theymight have lost as a result of the accountants' negligence, see the Hedley Byrnecase. The allegations in the statements of claim, in so far asthey are based upon non-compliance with the plans, are misconceived. Cases & Articles Tagged Under: Anns v Merton London Borough Council [1977] UKHL 4 | Page 1 of 1. If classification is required, the relevant damage is inmy opinion material, physical damage, and what is recoverable is the amountof expenditure necessary to restore the dwelling to a condition in which it isno longer a danger to the health or safety of persons occupying and possibly(depending on the circumstances) expenses arising from necessary displacement.On the question of damages generally I have derived much assistance from thejudgment (dissenting on this point, but of strong persuasive force) of LaskinC.J. Ishould not think it right to put the case aside on such arguments. L recognise that it would be unjust if, in the circumstances of this case, thewhole burden should fall upon the council whilst the contractor who negligentlyput in the faulty foundations remained free from liability. I can see" nothing to prevent our approaching the present case with Lord Atkin's" principles in mind.". Lord Blackburn said: "... it is now thoroughly well established that no action will lie for doing" that which the legislature has authorised, if it be done without negilgence," although it does occasion damage . On the appeals in the present case coming before the Courtof Appeal on 1st March 1976, that court, without further argument, followingSparham-Souter's case, allowed the plaintiffs' appeal and gave leave to appealto this House. Get 1 point on adding a valid citation to this judgment. or occupiers of any such houses as regards inspection during thebuilding process. 2) [1994], R v International Stock Exchange of the UK and RoI, ex p Else (1982) Ltd [1993], R v Kent Police Authority, ex p Godden [1971], R v Leicester City Justices, ex p Barrow [1991], R v Lord President of the Privy Council, ex p Page [1993], R v Metropolitan Police Commissioner, ex p Blackburn [1968], R v North & East Devon Health Authority, ex p Coughlan [2003], R v Panel on Take-Overs and Mergers, ex p Datafin [1987], R v Port of London Authority, ex p Kynoch [1919], R v Race Relations Board, ex p Selvarajan [1975], R v Secretary of State for Defence, ex p Smith [1996], R v Secretary of State for Employment ex parte Equal Opportunities Commission [1994], R v Secretary of State for Foreign Affairs ex parte Everett [1989], R v Secretary of State for Foreign Affairs, ex p Lord Rees-Mogg [1994], R v Secretary of State for Foreign Affairs, ex p World Development Movement [1995], R v Secretary of State for Home Affairs ex parte Birdi [1975], R v Secretary of State for the Environment, ex p Kirkstall Valley Campaign Ltd [1996], R v Secretary of State for the Environment, ex p Nottinghamshire County Council [1986], R v Secretary of State for the Environment, ex p Ostler [1977], R v Secretary of State for the Environment, ex p Rose Theatre Trust Co Ltd [1990], R v Secretary of State for the Home Department ex parte Brind [1991], R v Secretary of State for the Home Department, ex p Brind [1991], R v Secretary of State for the Home Department, ex p Cheblak [1991], R v Secretary of State for the Home Department, ex p Herbage [1986], R v Secretary of State for the Home Department, ex p Oladeinde [1991], R v Secretary of State for the Home Department, ex p Swati [1986], R v Secretary of State for Transport, ex p Pegasus Holdings [1989], R v Sevenoaks District Council, ex p Terry [1985], R v Somerset County Council, ex p Fewings 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Valley Police [2004], Teheran-Europe v ST Belton (Tractors) [1968], The Queen v Beckford [1988, Privy Council, Jamaica], Tilden Rent-A-Car Co v Clendenning [1978, Canada], Titchener v British Railways Board [1983], Tomlinson v Congleton Borough Council [2003], Trevor Ivory Ltd v Anderson [1992, New Zealand], Trim v North Dorset District Council [2011], Universe Tankships of Monrovia v International Transport Workers Federation [1983], Van Colle v Chief Constable of Hertfordshire Police [2008], Vernon Knight Association v Cornwall County Council [2013], Verschures Creameries v Hull and Netherlands Steamship Co [1921], Victoria Laundry v Newman Industries [1949], Victorian Railways Commissioner v Coultas [1888], Videan v British Transport Commission [1963], Walker v Northumberland City Council [1994], Walters v North Glamorgan NHS Trust [2003], Wandsworth London Borough Council v Railtrak Plc [2002], Wandsworth London Borough Council v Winder [1985], Watson v British Boxing Board of Control [2001], Weller v Foot and Mouth Disease Research Institute [1966], West Bromwich Albion Football Club v El-Safty [2006], William Sindall v Cambridgeshire Country Council, Williams v Natural Life Health Foods Ltd [1998], Wilsher v Essex Area Health Authority [1988], Winter Garden Theatre (London) v Millennium Productions [1948], Woodar Investments v Wimpy Construction [1980], ZH v Commissioner of Police of the Metropolis [2013], Anns’ house was breaking under poor foundations, Claimed off council, who had a lease on the building, Did a local council owe a duty to inspect a building for its occupier during building, Yes, recovery was allowed as there was material damage, despite, Is there a sufficient relationship of proximity and foreseeability? 1. that Dutton v. Bognor Regis was in the result rightly decided. What period of limitation applies to claims by such owners or occupiers. My Lords, I believe that the conception of a generalduty of care, not limited to particular accepted situations, but extendinggenerally over all relations of sufficient proximity, and even pervading thesphere of statutory functions of public bodies, had not at that time becomefully recognised. I would hold that in each case he would be liable topay damages for negligence. You can login or register a new account with us. There are private Acts conferring powers—necessarily—to interfere with the rights of individuals: in such cases, anaction in respect of damage caused by the exercise of the powers generallydoes not lie, but it may do so "for doing that which the legislature has" authorised, if it be done negligently " (Geddis v. Proprietors of Bann Reservoir3 App. Rajkiran Barhey reports that in some circumstances the door may be open to claims by children against local authorities if they fail to protect them from third parties ‘The claimants argued that, in purporting to investigate the risk that the neighbours posed and in attempting to monitor the claimants’ situation, the council assumed responsibility for … Anns v Merton London Borough Council [1978] AC 728 House of Lords The claimants were tenants in a block of flats. Citation [1978] A.C. 728. Citation 1 AC 398; HL Legislation.

Lord Wilberforce noted that the builder was required to notify the local authority before covering up the foundations so that the local authority had the right to inspect and to insist on correction. In the case of Anns v. Merton London Borough Council, 1 Lord Wilberforce, in considering the negligence liability of a local authority arising out of the exercise of its statutory powers to inspect buildings under construction, drew a distinction between the “policy” and “operational” aspects of the authority's functions and suggested that liability would more readily arise in respect of the latter. To summarise the statutory position. Back to list Add to My Bookmarks Export citation. And later he refers to Donoghue v. Stevenson—the only one of their Lordshipsto do so—though I think it fair to say that Lord Thankerton (who decidedthe case on causation) in his formulation of the duty must have been thinkingin terms of that case. In Anns v Merton LBC, the defendant Council was held to owe a duty to take reasonable care when reviewing the foundations of buildings under construction.They were held liable for the ‘inherent defect’ of the property itself. But I think that the time has come when we can and should" say that it ought to apply unless there is some justification or valid" explanation for its exclusion. p. 1068). that the issue between the Plaintiffs and the 2nd Defendants whether" claim is statute barred be tried on 24th October 1975 ". This point has however little bearing on this appeal because the corres-pondence makes it plain that the council had certainly not decided againstexercising its statutory powers of inspection. The facts are well known: there was a very high tide whichburst the banks protecting the respondent's land. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest.

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