In Caparo Industries v Dickman [1990] 2 AC 605 the House of Lords replaced the earlier two-stage Anns test with a three-part analysis to be applied when a court is asked to recognise a duty of care in a novel situation:
1. **Foreseeability** — was the loss to the claimant a reasonably foreseeable consequence of the defendant's conduct? 2. **Proximity** — was there a sufficient relationship of proximity or neighbourhood between the parties? 3. **Fair, just and reasonable** — is it fair, just and reasonable in all the circumstances to impose a duty of this scope on the defendant?
Lord Bridge stressed that the categories develop incrementally by analogy with established duties; the three-stage test is not a recipe but a "convenient label" for the underlying policy question. Robinson v Chief Constable [2018] UKSC 4 reaffirmed that Caparo is reserved for genuinely novel situations.
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