What is the test for a stay of execution?

The last inquiry in the analysis is the so-called balance of convenience. This third essential step of the primary test in Fulton requires me to consider whether the appellant will suffer greater harm if the stay were refused, than would the respondent if the stay were granted. This last issue is generally only considered if the appellant has established irreparable harm. As Lord Diplock said in American Cyanamid v. Ethicon Ltd., [1975] 1 All E.R. 504 at p. 511: It is where there is doubt as to the adequacy of the respective remedies and damages available to either party or to both, that the question of balance of convenience arises. If the court is satisfied that the applicant has not proven irreparable harm, the balance of convenience need not be considered. (Italics mine)