Balance of Convenience in UK Law

Leading Cases
  • R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
    • House of Lords
    • 11 Octubre 1990

    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.

  • N.W.L. Ltd v Woods
    • House of Lords
    • 25 Octubre 1979

  • Brink's Mat Ltd v Elcombe
    • Court of Appeal (Civil Division)
    • 12 Junio 1987

  • Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group NHS Dartford, Gravesham and Swanley
    • Queen's Bench Division (Technology and Construction Court)
    • 27 Mayo 2016

    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.

  • Francome v Mirror Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 16 Marzo 1984

    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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Legislation
  • Licensing (Scotland) Act 2005
    • Scotland
    • 1 de Enero de 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 ... ...
  • Domestic Abuse (Protection) (Scotland) Act 2021
    • Scotland
    • 1 de Enero de 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 ... ...
  • Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020
    • Scotland
    • 1 de Enero de 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 ... ...
  • Environment Act 2021
    • UK Non-devolved
    • 1 de Enero de 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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Books & Journal Articles
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