Any News on Judgement..., page-125

Would also depend if the law was enacted prospectively or retrospectively
I haven't followed LKO long enough to know when the court action was first taken if it was before the legislation regarding liability was before or after the fact . LKO would have a very good argument that the legislation re:liability , is retrospective if it was after action had been taken

The presumption against retrospectivity
General principles
[2] This fundamental legislative principle follows the presumption at common law that,
unless the contrary intention appears, Parliament intends legislation to operate
prospectively and not retrospectively.