foundations, resulting in sloping of floors, and cracks in the walls. The lessees of the maisonettes sued the council in negligence, alleging a duty of care existed for the building to be properly constructed and in a usable state. In rejecting the previous evolution of duty of care, a categorical approach where a claim would have to fit under previous situations a duty had been found, the House of Lords unanimously found a duty to exist. The test established by Lord Wilberforce – known as the Anns test – imposed a prima facie duty of care where: A sufficient relationship of proximity or neighbourhood exists between the alleged wrongdoer and the person who has suffered damage, such that carelessness on the part of the former is likely to cause damage to the latter; There are no considerations relevant which may reduce or limit the scope of any imposed duty. The three stage test Following the establishment of the two stage test for a duty of care, there was a marked judicial retreat from the test, which was widely seen as being too inclusive, and being too easily applicable to cases which might be contrary to public policy. The test was formally overruled in Murphy v Brentwood District Council, where the House of Lords invoked the Practice Statement to depart from the Anns test. The resultant test for a duty of care - which remains good law today - can be found in the judgments of Caparo Industries plc v Dickman. A large criticism of the Anns test had been that it combined the test for proximity of relationship with foreseeability of harm. Whereas Lord Atkin's neighbour principle emphasised a need for both a proximate relationship, as well as a foreseeability of harm, the Anns test did not make such a clear distinction. Richard Kidner has stated that this led the courts to sometimes ignore relevant policy considerations, and to encourage "lazy thinking and woolly analysis". The resounding test attempts to reconcile the need for a control device, proximity of relationship, with foreseeability of harm. Lord Oliver's speech in Caparo Industries plc v Dickman summarises the test for a duty of care: The harm which occurred must be a reasonable foreseeable result of the defendant's conduct; A sufficient relationship of proximity or neighbourhood exists between the alleged wrongdoer and the person who has suffered damage; It is fair, just and reasonable