[1977] UKHL 4 [1978] AC 728 [1977] 2 All ER 492 [1977] 2 WLR 1024
Case history
Prior action(s)
Judgment for defendant at first hearing on the basis that the plaintiffs were statute barred.
Court membership
Judges sitting
Lord Wilberforce Lord Diplock Lord Simon Lord Salmon Lord Russell
Case opinions
Established the two-stage Anns test whether a duty of care existed which requires: a 'sufficient relationship of proximity based upon foreseeability' between plaintiff and defendant; and considerations of reasons that there should not be a duty of care.
Decision by
Lord Wilberforce
Laws applied
Overruled by
Murphy v Brentwood DC [1991]
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].
AnnsvMerton 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...
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