Refusal to mediate

Hurst v Leeming (ChD [2003] 1 Lloyd’s Rep 379)

The claimant was a solicitor and the defendant his Queen’s Counsel instructed in proceedings between Mr Hurst and his former partners. Mr Hurst failed in the action and also on his appeals to both the Court of Appeal and the House of Lords. The costs orders made against him led to his bankruptcy. He first sued his solicitors as being vicariously liable for the negligent conduct of the proceedings by Mr Leeming and, when this action was struck out as hopeless, he commenced proceedings against Mr Leeming for negligence. When that action too was struck out on the grounds that it had no merit, Mr Hurst submitted that he should not be ordered to pay the costs because after the commencement of proceedings he invited Mr Leeming to proceed to mediation, but Mr Leeming refused.