Whilst the Civil Procedure Rules Part 1.4 and 3.1 give Courts the power to require parties to engage in alternative dispute resolution, the Courts rarely compel the parties, particularly third parties, to do so. However, in this recent case, the third party was also ordered to participate in mediation.
Background
The Deceased, died in 2023, unmarried and without any children. He had two Wills:
- The 1994 Will (prepared by PEP Consultancy Ltd) that was never executed and left the estate between the deceased’s brothers and partner at the time; and
- The 2009 Will (prepared by Trust Inheritance Ltd (TIL)) that was executed but went further than the Deceased’s written instructions and cut out not only his partner but also his brothers and their families.
The Claimants (i.e. the beneficiaries under the intestacy rules and of the 1994 Will) claimed that:
(1) the 2009 Will should be set aside as it failed to reflect the deceased’s true expressed intentions; or (2) were either of the Wills to be admitted to probate, it should be rectified. They also brought a separate negligence claim against TIL.
The Claimants made an application to the Court seeking an order to:
(1) bring TIL into probate proceedings as a ‘costs-only party’ because of the mistakes they made; or (2) consolidate the negligence claim with the probate claim so all matters could be dealt with in one case.
Decision
The Court ordered the consolidation of the two proceedings but not joinder of TIL as a costs-paying party because:
- The procedure of joining a third party is only appropriate where that party was so closely involved that it would not be unjust to hold that person bound by the factual findings in the main action. In this case, TIL had not accepted liability of negligence (meaning issues of negligence, causation, and loss would require full trial) and had not been served with particulars of claim; and
- Consolidation was appropriate as the two sets of proceedings arose from the same set of facts.
The Court also directed TIL to participate in mediation, which was not opposed by TIL, due to the modest size of the estate and the risk of costs exceeding its value.
How can we help?
Ronny Tang is an Associate in our expert Dispute Resolution team, specialising in defamation claims, contentious probate and inheritance claims, Trusts of Land and Appointment of Trustees Act 1996 claims, Equality Act 2010 claims and Protection From Harassment 1997 claims.
If you need any advice concerning the subject discussed in this article, please do not hesitate to contact Ronny or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
Contact us