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Volume 50 - Issue 1 - March 1991

Contents

Page 1 of 3

Other

Case and Comment

Articles

  • Negligence After Murphy: Time to Re-Think

  • David Howarth
  • Published online by Cambridge University Press:
    16 January 2009, pp. 58-99

  • After a decade of adventure, Anns v. Merton Borough Council has been killed off. The case that seemed to many to be the most important statement of the law of negligence in England since Donoghue v. Stevenson has been finally done to death by a specially augmented House of Lords in Murphy v. Brentwood District Council?

    For the House of Lords openly to overrule one of its own previous decisions is itself an event rare enough to deserve comment. But when the Law Lords, by 7–0, declare unsound a case that has been cited in 189 English cases in only 13 years (and until recently mostly with approval), we know that something extraordinary has happened.

Page 1 of 3