Cases - Anns v Merton London Borough Council
Record details
- Name
- Anns v Merton London Borough Council
- Date
- [1977]; [1978]
- Citation
- AC 728; 2 5, All ER 492WLR 1024, 75 LGR 55
- Legislation
- Keywords
- negligence - duty of care - local authority - power to inspect building operations - enforcement of the regulations - inspector failing to make proper inspection of foundations before granting approval - house built with latent defect in foundations - subsequent purchaser suffering damage - whether local authority liable for negligent inspection
- Summary
-
The principle of a duty of care from a public authority was first raised by the case of Dutton v Bognor Regis Urban District Council and confirmed in this case by the House of Lords.
In 1962 the predecessor authority in this case approved plans for a block of maisonettes showing foundations of 3ft or deeper. In 1970 cracks appeared in the walls and the floors started to go out of level. The plaintiffs, who were leaseholders of the maisonettes, sued the builders and the local authority, claiming damages for negligence. The builders entered no defence but undertook to carry out remedial work.
It was held that the Dutton case had been rightly decided and that although the council had a discretion whether or not to inspect under the Building Regulations, it must exercise that discretion in a responsible manner, to secure compliance with the Regulations.
In Anns v Merton, Lord Wilberforce said:
'It is for the local authority, a public and elected body, to decide upon the scale of resources which it can make available in order to carry out its functions...How many inspectors, with what expert qualifications, it should recruit, how often inspections are to be made, what tests are to be carried out, must be for its decision. It is no accident that the Act is drafted in terms of functions and powers rather than in the terms of positive duty...Public authorities have to strike a balance between the claims of efficiency and thrift...whether they get the balance right can only be decided through the ballot box, not in the courts'
This case was overruled in Murphy v Brentwood District Council.