 The case then went to the House of Lords, where a decision was read by Lord Goff on 9 December 1993.Goff first countered the Court of Appeal decision, restoring Kennedy's dismissal of the case, before moving on to the deeper legal points.Based on the original decision in "Rylands", Goff argued that it had always been intended for foreseeability of harm to be a factor, something not previously put into law by the English judiciary.