Balance of Convenience in UK Law
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R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
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Conversely, an authority acting in the public interest cannot normally be protected by a remedy in damages because it will itself have suffered none. It follows that, as a general rule, in cases of this kind involving the public interest, the problem cannot be solved at the first stage, and it will be necessary for the court to proceed to the second stage, concerned with the balance of convenience.
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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N.W.L. Ltd v Woods
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Brink's Mat Ltd v Elcombe
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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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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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Interim Interdicts with Pan-UK Territorial Scope: William Grant & Sons v Lidl
... ... a prima facie case of taking “unfair advantage” and that the balance of convenience lay in Grants' favour.4 ... On appeal, the defenders ... ...
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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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Reading the Tea Leaves: Campbell v James Finlay (Kenya) Ltd
... ... has acted in a vexatious or oppressive manner,10 and the balance of convenience favours granting the interdict. The respondents contended ... ...
- Enforcing Non-compete Clauses: The Importance Of Delay And The Balance Of Convenience
- Enforcing Non-compete Clauses: The Importance Of Delay And The Balance Of Convenience (Podcast)
- Enforcing Non-compete Clauses: The Importance Of Delay And The Balance Of Convenience (Podcast)
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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 ... ...