Murphy v Brentwood District Council

Murphy v Brentwood District Council
Murphy v Brentwood District Council
Court House of Lords
Date decided 26 July 1990
Citation(s) [1991] 1 AC 398
Keywords
Negligence, duty of care, pure economic loss

Murphy v Brentwood District Council [1991] 1 AC 398 was a House of Lords decision on recovery of pure economic loss in tort. It is considered to overrule the decision Anns v Merton London Borough Council. Note: this Wikipedia entry cites Murphy v Brentwood District Council as reference [1990] 2 All ER 908 not [1991] 1 AC 398

The defendant Local Authority failed to inspect the foundations of a building adequately, with the result that building became dangerously unstable. The claimant, being unable to raise any money for repairs had to sell the house at a considerable loss, which he sought to recover from the L.A. This action failed as the loss was identified as a Pure Economic loss.

Judgment

The House of Lord overruled "Anns" and held that the council was not liable in the absence of physical injury.

References



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