Balance of Convenience in UK Law
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N.W.L. Ltd v Woods
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American Cyanamid v. Ethicon which enjoins the judge upon an application for an interlocutory injunction to direct his attention to the balance of convenience as soon as he has satisfied himself that there is a serious question to be tried, was not dealing with a case in which the grant or refusal of an injunction at that stage would, in effect, dispose of the action finally in favour of whichever party was successful in the application, because there would be nothing left on which it was in the unsuccessful party's interest to proceed to trial.
Where, however, the grant or refusal of the interlocutory injunction will have the practical effect of putting an end to the action because the harm that will have been already caused to the losing party by its grant or its refusal is complete and of a kind for which money cannot constitute any worthwhile recompense, the degree of likelihood that the plaintiff would have succeeded in establishing his right to an injunction if the action had gone to trial, is a factor to be brought into the balance by the judge in weighing the risks that injustice may result from his deciding the application one way rather than the other.
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R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
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In this context, particular stress should be placed upon the importance of upholding the law of the land, in the public interest, bearing in mind the need for stability in our society, and the duty placed upon certain authorities to enforce the law in the public interest. This is of itself an important factor to be weighed in the balance when assessing the balance of convenience.
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Brink's Mat Ltd v Elcombe
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In one or two other recent cases coming before this court, I have suspected signs of a growing tendency on the part of some litigants against whom ex parte injunctions have been granted, or of their legal advisers, to rush to the R. v. Kensington Income Tax Commissioners principle as a tabula in naufragio, alleging material non-disclosure on sometimes rather slender grounds, as representing substantially the only hope of obtaining the discharge of injunctions in cases where there is little hope of doing so on the substantial merits of the case or on the balance of convenience.
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Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group NHS Dartford, Gravesham and Swanley
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I do not ignore or underestimate the public interest in procurement exercises being conducted lawfully. But the likely knock-on effect of even a modest delay in resolving this case at trial must be brought into account as a significant counter-balance since it will prevent the efficient and timely introduction of the arrangements which the CCGs consider to be in the best interest of the people of Kent for whose welfare they too are responsible.
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Francome v Mirror Group Newspapers Ltd
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Our duty is to make such orders, if any, as are appropriate pending the trial of the action. It is sometimes said that this involves a weighing of the balance of convenience. Subject to that, we must contemplate the possibility that either party may succeed and must do our best to ensure that nothing occurs pending the trial which will prejudice his rights. Since the parties are usually asserting wholly inconsistent claims, this is difficult, but we have to do our best.
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The Abidin Daver
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In this connection it is right to point out that, if concurrent actions in respect of the same subject-matter proceed together in two different countries, as seems likely if a stay is refused in the present case, one or other of two undesirable consequences may follow: first, there may be two conflicting judgments of the two courts concerned; or, secondly, there may be an ugly rush to get one action decided ahead of the other, in order to create a situation of res judicata or issue estoppel in the latter.
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Licensing (Scotland) Act 2005
... ... (a) on the application of the appellant, and(b) if satisfied on the balance of convenience that it is appropriate to do so,recall the suspension or ... ...
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Domestic Abuse (Protection) (Scotland) Act 2021
... ... may make an interim order only if the sheriff considers, on the balance of convenience, that it is just to do so ... (3) In deciding whether it ... ...
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Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020
... ... genital mutilation protection order only if it considers, on the balance of convenience, that it is just to do so.(3) In deciding whether it is, on ... ...
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Environment Act 2021
... ... notice to a public authority if(a) the OEP is satisfied, on the balance of probabilities, that the authority has failed to comply with ... before the determination of the appeal, and(d) the balance of convenience does not otherwise require effect to be given to the decision pending that ... ...
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NOTES OF CASES
... ... had been made out, and, considering the balance of convenience favoured maintenance of the status quo, ... ...
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‘Fishing on the Incoming Tide’
... ... have to proceed to the second stage and weigh up ‘the balance of convenience. ’ Here again the public interest is relevant ... ...
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Section 79 Judiciary Act 1903 — How Widely Does it Travel?
... ... the Full Court, decided that, in accordance with the balance of convenience, the case should be remitted to the Supreme ... ...
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Associated Newspapers Group Ltd. v. Wade
... ... Thus consequently where, as in this case, the balance of con- venience was overwhelmingly in favour of an ... for an injunction to be refusedesa The balance of Convenience in these cases will almost always be in favour of an ... ...
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Once Again, No Injunction Restraining Payment Against Fraudulent Demand Under Demand Guarantee
... ... the fraud; and crucially, establishing fraud is not enough: the balance of convenience - the harm to the beneficiary in preventing the bank from ... ...