The Court of Appeal rejected McLoughlin's appeal on grounds of public policy. The Court held the injury was foreseeable, and a duty of care was owed to McLoughlin. However, they did not allow McLoughlin to recover damages. Stephenson L.J. held that the consequence of breach should be limited as a matter of policy. Griffiths L.J. held that the defendants had a limited duty of care (e.g. only towards persons near the road who were directly affected), and that foreseeable consequences did not automatically impose a duty of care.
