 As a result of the Act, it was uncertain what test to use; was "a real prospect of success" at trial acceptable, or the easier test of "more likely than not" to succeed at trial? In Cream the House of Lords decided that "a real prospect of success" was still valid law, but that from then on the test of "more likely than not" should be applied. Following on from this ruling, Greene argued that the Bonnard test was now invalid, and that the case should be judged under the Human Rights Act and Cream.
