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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, [17] and to encourage "lazy thinking and woolly analysis". [18]
Lord Atkin's neighbour principle, that people must take reasonable care not to injure others who could foreseeably be affected by their action or inaction, was supported by reference to the biblical Great Commandment (to love one’s neighbour as oneself) and the Parable of the Good Samaritan (defining who that “neighbour” was).
Atkin's grandson, by his daughter Lucy Atkin, was the politician and business leader Sir Toby Low, 1st Baron Aldington. [citation needed] Atkin enjoyed the music hall and in particular the humour of George Robey and Marie Lloyd. He and his wife were fond of entertaining at their succession of town homes in Kensington with musical evenings. [17]
The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyer's question "Who is my neighbour?" receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is my neighbour?
Nevertheless, if that broad principle is approved and applied by later courts, then the principle will eventually be treated as ratio. A particular example is the broad "neighbour principle", enunciated by Lord Atkin in Donoghue v Stevenson 1932, which has become the basis of the modern law of negligence. When judges may face conflicting ...
Nevertheless, Lord Atkin's speech was widely followed and was understood to contain three main points for establishing a duty of care. First, the concept of reasonable foreseeability of harm; second, the claimant and the defendant being in a relationship of proximity; third, and more loosely, it being fair, just and reasonable to impose ...
Sometimes the alternative expression "neighbourhood" is used, as by Lord Reid in the Hedley Byrne case [1964] A.C. 465, 483 and Lord Wilberforce in Anns v Merton London Borough Council [1978] A.C. 728, 751H, with more conscious reference to Lord Atkin's speech in the earlier case.
Donoghue v Stevenson [1932] S.C.(H.L.) 31: Lord Atkin established the neighbour principle as the foundation of the modern Scots delict (English tort) of negligence. This case used a wide ratio decidendi, which was held later as obiter, but established the principle of "duty of care.".