On appeal from: [2008] NICA 48. Discusses the meaning, effect and interrelationship of the various provisions of Sch 1 to the DDA 1995, which fall to be considered as to the meaning of the word “likely” in paras 2(2) and 6(1) of that Schedule for the purposes of ascertaining if an impairment is “long term”.

They have concluded that “likely” in the 1995 Act does not mean “more probable than not” but instead means “could well happen”. The House of Lords comment too on the utility of the preliminary hearing procedure in employment tribunals in some cases and on improvements that might be made to the rules in Northern Ireland addressing case stated procedures.

For judgment, please download: [2009] UKHL 37
On appeal from: [2008] NICA 48

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