In a Disability Discrimination Act 1998 (DDA) ruling in the House of Lords
(SCA Packaging Ltd v Boyle 1st July 2009) considered the word "likely"
I quote from Eversheds' HR e-briefing no 419
The question for the House of Lords was does "likely" mean probable ie "more
likely than not" or does it mean simply that it is a real possibility,
something which "could well" happen?
Meaning of "likely to recur"
Statutory guidance on the matters to be taken into account in determining
questions relating to the definition of disability provided that an event is
"likely" if it is "more likely than not" that it will happen. Surprisingly,
the House of Lords opted not to follow the approach suggested in the
guidance. Instead, it said that "likely to happen" must be interpreted as
"could well happen".
Regards
Paul Fountain,
Tree Services, Team Leader.
Conway Building, Eastcroft Depot,
London Road, Nottingham. NG2 3AH
Tel: (0115) 915 2264
-----Original Message-----
From: Marcus Bellett-Travers [mailto:marcus@xxxxxxxxxxxxxx.co.uk]
Sent: 05 July 2009 18:48
To: UK Tree Care
Subject: What does likelihood mean [Scanned]
Two things have been puzzling me
If likelihood of failure is based on occurance within a population does this
mean we can reduce the likelihood of tree failures by planting more trees
and therefore increasing the size of the population.
If the likelihood of failure of a tree or part of a tree is say 1 in 400 and
this leads to unacceptable risk does this mean we do work on or even fell
400 trees because one tree failed?
Regards
Marcus
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