The House of Lords issued judgement in the case of SCA Packaging Limited v Boyle [2009] UKHL 37 on 1st July 2009. This case considered the interpretation of the provisions of schedule 1 of the Disability Discrimination Act 1995. Pursuant to schedule 1 paragraph 6(1) of the Act a person is considered disabled if he has an “impairment which would be likely to have a substantial adverse effect on the ability to carry out normal day-to-day activities, but for the fact that measures are being taken to treat or correct it”. In the present case the respondent Ms Boyle had suffered from chronic hoarseness due to nodules on her vocal chords. In 1992 Ms Boyle was ordered to follow a strict management regime and following a second successful operation that year the nodules and hoarseness did not return. The issue facing the court was whether Ms Boyle was considered to be disabled during the relevant period between October 2001 and November 2002 when the three complaints of discrimination were lodged. The Lordships were called upon to decide the true meaning and application of the word “likely” where it appears in Schedule 1, paragraph 6(1) of the 1995 Act.

In affirming the decision of the Court of Appeal the House of Lords held that the term “likely” in the sentence “likely to have a substantial adverse effect” was to be interpreted and used in the sense of “could well happen” rather than probable or more likely than not. Ms Boyle was therefore at all relevant times a “disabled person” within the meaning of the Disability Discrimination Act 1995.