Liebenthal v Liebenthal & Ors [2026] EWHC 213 (Ch) (13 February 2026)

Liebenthal v Liebenthal & Ors [2026] EWHC 213 (Ch) (13 February 2026)

The application for third party disclosure fails because the Beth Din files are not likely to support the first and third defendants' case or adversely affect the claimant's case, nor is disclosure necessary for fair disposal of the claim or to save costs. The application is a fishing expedition and does not meet the threshold conditions of CPR 31.17(3).

Citation
[2026] EWHC 213 (Ch)
Parties
Claimant: Aron Liebenthal; First Defendant: Shulam Liebenthal; Second Defendant: Channa Engel; Third Defendant: Sara Marcovitz
Jurisdiction
England and Wales
Judgment Date
13 February 2026
Procedural Posture
Probate Claim / Application for Third Party Disclosure
Outcome
Application for third party disclosure dismissed
Legal Topics
Third Party Disclosure, Validity of Wills, Testamentary Capacity, Knowledge and Approval, Undue Influence
Probate Civil Procedure Third Party Disclosure Validity of Wills Testamentary Capacity Knowledge and Approval Undue Influence

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Parties

Aron Liebenthal

Claimant

Shulam Liebenthal

First Defendant

Channa Engel

Second Defendant

Sara Marcovitz

Third Defendant

Procedural Posture

Probate Claim / Application for Third Party Disclosure

Legal Issues

  1. 1 Whether third party disclosure from the Beth Din should be ordered under CPR 31.17 in a probate claim concerning the validity of wills and codicils.

Ratio Decidendi

The application for third party disclosure fails because the Beth Din files are not likely to support the first and third defendants' case or adversely affect the claimant's case, nor is disclosure necessary for fair disposal of the claim or to save costs. The application is a fishing expedition and does not meet the threshold conditions of CPR 31.17(3).

Court Disposition

Application for third party disclosure dismissed

Orders

  • No order for disclosure of the Beth Din files