“… [2000] C.P.L.R. 438, CA. A long delay by itself will not usually be categorised as an abuse without that kind of additional factor: Icebird Ltd v Winegardener [2009] UKPC 24 and Adelson v Anderson [2011] EWHC 2497 (QB).…”
“…Grovit v Doctor was considered by the Privy Council in Icebird Ltd v Winegardner [2009] UKPC 24. That case concerned a right of way over Ms Winegardner’s land to which Icebird was entitled. It claimed that Ms Winegardner was obstructing that right. It beg…”
“…ed that mere delay in pursuing a claim, however inordinate and inexcusable, does not without more constitute an abuse of process: see Icebird Ltd v Winegardner [2009] UKPC 24 at [7] (Lord Scott of Foscote delivering the judgment of the Privy Council).…”