Court: House of Lords
Facts: A block of eight flats experienced structural movement and damage eight years after construction. Seven tenants, only two of whom were original leaseholders, sued the builders and the local council. The plaintiffs alleged that the council had either failed to inspect the building’s foundations or, during inspections, had failed to identify the inadequacy of the foundations.
Issue: The two main questions were: first, did the council owe a duty of care to the plaintiffs, and second, were the plaintiffs’ claims barred by the statute of limitations?
Decision:
The House of Lords held the following:
1. Duty of Care: Under the Public Health Act 1936 in the United Kingdom, which aimed to protect the health and safety of building owners and occupiers, the council had a duty to properly consider whether to inspect the foundations. If the council chose to inspect, it was required to exercise reasonable care in doing so. The council had discretion over the timing and manner of inspections, but this discretion had to be exercised in good faith. The duty of care was owed to owners and occupiers of the building. The council’s duty was limited to taking reasonable care to ensure that the builder did not cover foundations that failed to comply with building bylaws.
2. Statute of Limitations: The cause of action arose when the building’s condition posed a present or imminent danger to the health or safety of its occupants.
Key Takeaways:
1. Statutory Duty: Public authorities may owe a duty of care under statute, particularly when their actions or inactions affect public health and safety.
2. Discretion and Reasonable Care: While public authorities have discretion in how they carry out their duties, they must exercise this discretion in good faith and with reasonable care.
3. Limitation Period: Claims for negligence in such cases accrue when the building’s condition becomes dangerous to occupants, not necessarily at the time of construction.
This case established important principles regarding the duty of care owed by public authorities and the limits of their discretion in negligence claims.
![Case Brief: Anns v Merton London Borough Council [1978] AC 728](https://superlawgh.com/wp-content/uploads/2023/08/Carefully-drafted-case-briefs-to-make-understanding-the-law-simpler-and-more-efficient-1024x1024.jpg)
