LEGAL PRINCIPLE: CIVIL PROCEDURE – Abuse of Court Process – Delay Tactics
PRINCIPLE STATEMENT
Waiting until a late stage to raise an objection is a tactic employed to delay trial conclusion and constitutes abuse of court process; parties should not be allowed to use court processes to stultify early adjudication of the action.
RATIO DECIDENDI (SOURCE)
"To have waited up to the stage they raised their objection is a tactic employed to delay the conclusion of the trial and this, in my respectful view, is an abuse of the process of the court. They should not have been allowed to use the court's process to stultify the early adjudication of the action."
EXPLANATION / SCOPE
Abuse of process includes tactical delays—raising objections at belated stages to obstruct proceedings. Examples: challenging jurisdiction after full trial, raising preliminary objections mid-trial that could have been raised initially, or asserting technical defenses after substantial litigation. Courts assess: when could the objection have been raised? why wasn’t it raised earlier? does timing suggest delay tactics? Such strategic timing wastes court resources, prejudices opponents who prepared for trial, and undermines justice administration. Courts may: refuse to entertain belated objections, award costs against delaying parties, or draw adverse inferences. The principle encourages prompt objection-raising and punishes manipulation of procedure for delay. Parties must raise known objections promptly, not hold them in reserve as delay tactics.