 The court, composed of Nolan LJ, Mann LJ and Sir Stephen Brown, reversed Kennedy's decision.Despite a lack of comment by the appellants on the claim under nuisance, the court addressed this ground, relying on the "obscure decision" found in "Ballard v Tomlinson", concluding that "where the nuisance is an interference with a natural right incident to ownership then the liability is a strict one".As such, Kennedy should have applied "Ballard", and it was unnecessary to consider "Rylands" because the claim under nuisance was valid.