Tuesday 5th December 2023
PUBLISHED ARTICLES
Article 12
'SCA Packaging' - New Case on Definition of 'Likely' in DDA
Judgments - SCA Packaging Limited (Appellants) v Boyle (Respondent) (Northern
Ireland) [2009] UKHL 37
In order to decide whether an illness hoarseness caused by nodes on the vocal
chords qualified as a disability for the purposes of the DDA 1995, the Court
had to consider meaning of the word 'likely'! Under the DDA the word, likely
appears 4 times but this case was concerned with 2 applications:
"Where an impairment ceases to have a substantial adverse effect on
a person's ability to carry out day-to-day activities, it is to be treated
as having that effect if that effect is likely to recur."
(Paragraph 2(2), Schedule 1, DDA.)
Paragraph 6(1) – "an impairment which would be likely to have
a substantial adverse effect on the ability of the person concerned to carry
out normal day-to-day activities, but for the fact that measures are being
taken to treat or correct it, is to be treated as having that effect"
the House of Lords rejected a previous authority that 'likely' in the context
of the DDA 1995 was taken to mean a 51% chance. The courts should apply the
possibly lower standard of, 'could well happen'.
NB The other mention of 'likely' appears;
Paragraph 8(1) – where a person has a progressive condition "he
shall be taken to have an impairment which has a substantial adverse effect
if the condition is likely to result in his having such an impairment"
Paragraph 2(1) – "the effect of an impairment is a long-term
effect where… the period for which it lasts is likely to be at least
12 months; or it is likely to last for the rest of the life of the person
affected"
