In cases involving the grant of an injunction, a court will often consider the principles of “balance of convenience” and “balance of inconvenience” to determine whether or not to grant the injunction.  An injunction is a court order that requires a person to do or refrain from doing something specific.

Principle of Balance of Convenience

The principle of “balance of convenience” refers to the court’s determination of which party would suffer the greater harm if the injunction were not granted. The party that would suffer the greater harm is said to have the “balance of convenience” in their favor.

Principle of Balance of Inconvenience

The principle of “balance of inconvenience” refers to the court’s determination of which party would suffer the greater harm if the injunction were granted. The party that would suffer the greater harm is said to have the “balance of inconvenience” in their favor.

Conditions of Granting Injunctions

When the court considers these two principles, it is trying to balance the interests of both parties and determine which course of action would be more equitable. If the balance of convenience and inconvenience tips favor the party seeking the injunction, the court is more likely to grant the injunction. But if the balance tips in favor of the party opposing the injunction, the court is more likely to deny the injunction.

It’s worth mentioning that injunctions are often granted in cases of urgency, for example, when a party seeking the injunction can establish that it will suffer irreparable harm if it is not granted. On the other hand, if the harm that will be suffered by the other party if the injunction is granted is more severe than that suffered by the party seeking the injunction if it is not granted, the court is more likely to deny the injunction.