Hurst v Leeming [2003] EWHC 499 (Ch) (14 March 2003)

Hurst v Leeming [2003] EWHC 499 (Ch) (14 March 2003)

The claim was struck out and summary judgment granted for the defendant because the action was an abuse of process, being a repetition of matters litigated or which could have been litigated in prior proceedings, was statute-barred, and was wholly without merit. The claimant had no real prospect of success, the pleadings disclosed no reasonable grounds, and the alleged breaches could not have caused the losses claimed.

Citation
[2003] EWHC 499 (Ch)
Parties
Claimant: Robert Alfred Hurst; Defendant: Ian Leeming
Jurisdiction
England and Wales
Judgment Date
14 March 2003
Procedural Posture
Professional Negligence Claim (barrister) / High Court (chancery Division) Judgment on Summary Judgment and Strike Out Applications
Outcome
Claim dismissed; summary judgment and strike out granted for defendant
Legal Topics
Abuse of Process, Limitation of Actions, Barrister's Duty of Care, Summary Judgment, Strike Out Applications, Res Judicata
Civil Procedure Professional Negligence Partnership Law Abuse of Process Limitation of Actions Barrister's Duty of Care Summary Judgment Strike Out Applications +1 more

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Parties

Robert Alfred Hurst

Claimant

Ian Leeming

Defendant

Procedural Posture

Professional Negligence Claim (barrister) / High Court (chancery Division) Judgment on Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the claim against Mr Leeming QC is an abuse of process as it repeats matters litigated or which could have been litigated in prior proceedings
  2. 2 Whether the claim is statute-barred under the Limitation Act 1980
  3. 3 Whether Mr Leeming owed and breached a duty of care to Mr Hurst in the conduct of the partnership litigation and appeal

Ratio Decidendi

The claim was struck out and summary judgment granted for the defendant because the action was an abuse of process, being a repetition of matters litigated or which could have been litigated in prior proceedings, was statute-barred, and was wholly without merit. The claimant had no real prospect of success, the pleadings disclosed no reasonable grounds, and the alleged breaches could not have caused the losses claimed.

Court Disposition

Claim dismissed; summary judgment and strike out granted for defendant

Orders

  • Claim struck out as abuse of process and for disclosing no reasonable grounds
  • Summary judgment entered for defendant under CPR Part 24.2