 The case came before Kennedy J, who dismissed all three of the Company's claims.On the matter of negligence, he held that the damage had to be reasonably foreseeable, as was required under "Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd"; he applied this same test to the claim under nuisance.Applying the case of "Hughes v Lord Advocate", Kennedy found that the harm was not reasonably foreseeable, and both actions under nuisance and negligence must fail.