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Anns and others v Merton LBC

Series: Weekly Law Reports ; [1977] 2 WLR 1024-1050(27)Publication details: 1977Subject(s): Summary: HL, 12 May 1977. Examines if a local authority can be held liable for damage as a result of a poor design it had approved. M appealed an earlier ruling that it was negligent in approving the faulty foundations of a block containing seven maisonettes owned by A. "Held": If M had decided not to make an inspection it would have had a degree of immunity, providing that it could be shown to have properly excised that discretion. As M had inspected the property it was guilty of a breach of duty by failing to demonstrate reasonable care in its acts to secure that the bye-laws applicable to the foundations were complied with. Appeal dismissed.

HL, 12 May 1977. Examines if a local authority can be held liable for damage as a result of a poor design it had approved. M appealed an earlier ruling that it was negligent in approving the faulty foundations of a block containing seven maisonettes owned by A. "Held": If M had decided not to make an inspection it would have had a degree of immunity, providing that it could be shown to have properly excised that discretion. As M had inspected the property it was guilty of a breach of duty by failing to demonstrate reasonable care in its acts to secure that the bye-laws applicable to the foundations were complied with. Appeal dismissed.