DDA - House of Lords Decision

The House of Lords has handed down its decision in SCA Packaging Limited v Boyle - essentially wiping the slate clean from previous authority, the word 'likely' actually should be interpreted to mean 'could well happen' as opposed to 'more likely than not'.

Authorities previously interpreted 'likely' to mean more likely than not and thus would impose a test as to whether there was a 51% chance of an event occuring within the context of the DDA; this has now firmly been rejected by the House of Lords and practitioners should be prepared for the much lower threshold being applied.

If you need further advice on this issue please do not hesitate to contact me on 0870 756 2929 or gda@hrlegalonline.com