 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 . 
