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Anns v Merton LBC
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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].
Quick Facts Anns v Merton London Borough Council, Court ...
Anns v Merton London Borough Council | |
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Court | House of Lords |
Full case name | Anns and others v London Borough of Merton |
Decided | 12 May 1977 (1977-05-12) |
Citations | [1977] UKHL 4 [1978] AC 728 [1977] 2 All ER 492 [1977] 2 WLR 1024 |
Case history | |
Prior action | 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] |
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