Powers are undoubtedly conferred on the council in order to enable it toinspect the foundations and ensure that any defects which the inspection mayreveal are remedied before the erection of the building begins. Gallagher's caseexpressly leaves open the question whether the immunity against action ofbuilder owners, established by older authorities (e.g. It could e.g. The river close to its estuaryhad burst through a breach it had made in the wall at high tide and swampedabout 50 acres of adjoining pasture which was below the level of the river bed.At each high tide more salt water came into the pasture and the longer thiswent on the greater was the risk of pasture being permanently ruined. It is said that there is an absolute distinction in thelaw between statutory duty and statutory power—the former giving rise topossible liability, the latter not; or at least not doing so unless the exerciseof the power involves some positive act creating some fresh or additionaldamage. On21st February 1972 writs were issued against both defendants—the separateproceedings were later consolidated. According to local authorities, the result is a defective block building scheme. Contains public sector information licensed under the Open Government Licence v3.0. In the alternative,since it is the duty of the builder (owner or not) to comply with the byelaws,I would be of opinion that an action could be brought against him, in effect,for breach of statutory duty by any person for whose benefit or protection thebyelaw was made. The claimant argued that this was due to the foundation of the flats being too shallow. Building Act 1984. The flats suffered from structural defects due to inadequate foundations which were 2ft 6in deep instead of 3ft deep as required. So inthe present case, the allegations made are consistent with the council or itsinspector having acted outside any delegated discretion either as to the makingof an inspection, or as to the manner in which an inspection was made.Whether they did so must be determined at the trial. Anns v Merton London Borough Council; Court: House of Lords : Full case name: Anns and others v London Borough of Merton : Decided: May 12, 1977 Citation(s)  UKHL 4  AC 728  2 All ER 492  2 WLR 1024: Case history; Prior action(s) Judgment for defendant at first hearing on the basis that the plaintiffs were statute barred. I would hold that the council was under no obligation to exercise itspower to inspect the foundations before or after the building now occupiedby the plaintiffs was constructed, but that if it did exercise such powers ofinspection before the building was constructed, it was under a legal duty tothe plaintiffs to use reasonable care and skill in making the inspection. This does not make any sense. To whom the duty is owed. If the defendant council was under any such duty as alleged, and com-. Gorringe v Calderdale Metropolitan Borough Council  1 WLR 1057;  UKHL 15. 2) , R v International Stock Exchange of the UK and RoI, ex p Else (1982) Ltd , R v Kent Police Authority, ex p Godden , R v Leicester City Justices, ex p Barrow , R v Lord President of the Privy Council, ex p Page , R v Metropolitan Police Commissioner, ex p Blackburn , R v North & East Devon Health Authority, ex p Coughlan , R v Panel on Take-Overs and Mergers, ex p Datafin , R v Port of London Authority, ex p Kynoch , R v Race Relations Board, ex p Selvarajan , R v Secretary of State for Defence, ex p Smith , R v Secretary of State for Employment ex parte Equal Opportunities Commission , R v Secretary of State for Foreign Affairs ex parte Everett , R v Secretary of State for Foreign Affairs, ex p Lord Rees-Mogg , R v Secretary of State for Foreign Affairs, ex p World Development Movement , R v Secretary of State for Home Affairs ex parte Birdi , R v Secretary of State for the Environment, ex p Kirkstall Valley Campaign Ltd , R v Secretary of State for the Environment, ex p Nottinghamshire County Council , R v Secretary of State for the Environment, ex p Ostler , R v Secretary of State for the Environment, ex p Rose Theatre Trust Co Ltd , R v Secretary of State for the Home Department ex parte Brind , R v Secretary of State for the Home Department, ex p Brind , R v Secretary of State for the Home Department, ex p Cheblak , R v Secretary of State for the Home Department, ex p Herbage , R v Secretary of State for the Home Department, ex p Oladeinde , R v Secretary of State for the Home Department, ex p Swati , R v Secretary of State for Transport, ex p Pegasus Holdings , R v Sevenoaks District Council, ex p Terry , R v Somerset County Council, ex p Fewings , R v West London Coroner, ex p Dallagio , R&B Customs Brokers v United Dominions Trust , Raissi v Commissioner of Police of The Metropolis , Re Buchanan-Wollaston’s Conveyance , Re Organ Retention Group Litigation , Ready Mixed Concrete Ltd v Minister for National Insurance and Pensions , Rees v Darlington Memorial Hospital , Rigby v Chief Constable of Northamptonshire Police , Robb v Hammersmith and Fulham London Borough Council , Roberts v Chief Constable of Cheshire Police , Rockland Industries v Amerada Minerals Corp of Canada , Rose and Frank Co v Crompton & Bros , Rothwell v Chemical & Insulating Co , Rouf v Tragus Holdings & Cafe Rouge , Sainsbury’s Supermarkets v Olympia Homes , Silven Properties v Royal Bank v Scotland , Siu Yin Kwan v Eastern Insurance Co , Smith and Snipes Hall Farm v River Douglas Catchment Board , Smith v Chief Constable of Sussex Police , Smith v East Elloe Rural District Council , Smith v Land & House Property Corp , Smith v Littlewoods Organisation Ltd , South Pacific Manufacturing Co Ltd v NZ Security Consultants [1992, New Zealand], Sovmots Investments v SS Environment , Spartan Steel & Alloys Ltd v Martin & Co , St Albans City & DC v International Computers , St Edmundsbury and Ipswitch Diocesan Board of Finance v Clark (No 2) , Standard Chartered Bank v Pakistan National Shipping Corporation , Steed v Secretary of State for the Home Department , Stockholm Finance v Garden Holdings , Stockton Borough Council v British Gas Plc , Suncorp Insurance and Finance v Milano Assicurazioni , Sutradhar v Natural Environment Research Council , Swift Investments v Combined English Stores Group , Tamplin Steamship v Anglo-Mexican Petroleum , Taylor Fashions Ltd v Liverpool Victoria Trustees Co Ltd, Taylor v Chief Constable of Thames Valley Police , Teheran-Europe v ST Belton (Tractors) , The Queen v Beckford [1988, Privy Council, Jamaica], Tilden Rent-A-Car Co v Clendenning [1978, Canada], Titchener v British Railways Board , Tomlinson v Congleton Borough Council , Trevor Ivory Ltd v Anderson [1992, New Zealand], Trim v North Dorset District Council , Universe Tankships of Monrovia v International Transport Workers Federation , Van Colle v Chief Constable of Hertfordshire Police , Vernon Knight Association v Cornwall County Council , Verschures Creameries v Hull and Netherlands Steamship Co , Victoria Laundry v Newman Industries , Victorian Railways Commissioner v Coultas , Videan v British Transport Commission , Walker v Northumberland City Council , Walters v North Glamorgan NHS Trust , Wandsworth London Borough Council v Railtrak Plc , Wandsworth London Borough Council v Winder , Watson v British Boxing Board of Control , Weller v Foot and Mouth Disease Research Institute , West Bromwich Albion Football Club v El-Safty , William Sindall v Cambridgeshire Country Council, Williams v Natural Life Health Foods Ltd , Wilsher v Essex Area Health Authority , Winter Garden Theatre (London) v Millennium Productions , Woodar Investments v Wimpy Construction , ZH v Commissioner of Police of the Metropolis , Anns’ house was breaking under poor foundations, Claimed off council, who had a lease on the building, Did a local council owe a duty to inspect a building for its occupier during building, Yes, recovery was allowed as there was material damage, despite, Is there a sufficient relationship of proximity and foreseeability? 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