Murphy v Brentwood DC

Murphy v Brentwood District Council [1991] UKHL 2, [1991] 1 AC 398 was a judicial decision of the House of Lords in relation to recovery for pure economic loss in tort.

The court overruled the decision Anns v Merton London Borough Council with respect to a duty of care in English law.

When the building became dangerously unstable, the claimant was unable to raise any money for repairs, chose not to sue anyone at that stage and therefore had to sell the house at a considerable loss.

The judgment was rejected in some Commonwealth jurisdictions, notably Canada, Australia, Singapore and New Zealand, all of which have preferred the two-stage Anns test of proximity and policy.

Councils have the powers to inspect the foundations and to require any corrections necessary to bring the work into conformity with the bylaws, but they are not under an obligation to do so.