Paul Ivey & Ors v Susan Marie Lythgoe & Anor

Paul Ivey & Ors v Susan Marie Lythgoe & Anor

It is inappropriate to join the respondent as a costs-only party before particulars of negligence are served and before the outcome of the probate/rectification claim is known. Consolidation of the negligence and probate proceedings is appropriate as both arise from the same facts, enabling the respondent to participate substantively and allowing the court to order mediation. The claimants must serve particulars of claim in the negligence proceedings before mediation, after which the respondent is ordered to attend and participate in mediation. Proceedings are stayed pending mediation.

Parties
Claimant/applicant: Paul Ivey; Claimant/applicant: Treve Ivey; Claimant/applicant: Christopher Ivey; Claimant/applicant: Geraldine Bolton; Defendant: Susan Marie Lythgoe; Defendant: Janice Mary Piper; Respondent: Trust Inheritance Limited
Jurisdiction
England and Wales
Judgment Date
09 December 2025
Procedural Posture
Probate and Negligence (consolidation Application) / Interlocutory Application for Consolidation and Mediation Order
Outcome
Application granted in part: proceedings consolidated, particulars of claim to be served, mediation ordered, stay pending mediation.
Legal Topics
Rectification of Wills, Letters of Administration, Non Party Costs Orders, Consolidation of Proceedings, Compulsory Mediation, Negligence by Will Writers
Probate Trusts and Estates Civil Procedure Professional Negligence Rectification of Wills Letters of Administration Non Party Costs Orders Consolidation of Proceedings +2 more

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Parties

Paul Ivey

Claimant/applicant

Treve Ivey

Claimant/applicant

Christopher Ivey

Claimant/applicant

Geraldine Bolton

Claimant/applicant

Susan Marie Lythgoe

Defendant

Janice Mary Piper

Defendant

Trust Inheritance Limited

Respondent

Procedural Posture

Probate and Negligence (consolidation Application) / Interlocutory Application for Consolidation and Mediation Order

Legal Issues

  1. 1 Whether to join Trust Inheritance Limited as a costs-only party or consolidate negligence and probate proceedings
  2. 2 Whether to order compulsory mediation involving all parties including the respondent

Ratio Decidendi

It is inappropriate to join the respondent as a costs-only party before particulars of negligence are served and before the outcome of the probate/rectification claim is known. Consolidation of the negligence and probate proceedings is appropriate as both arise from the same facts, enabling the respondent to participate substantively and allowing the court to order mediation. The claimants must serve particulars of claim in the negligence proceedings before mediation, after which the respondent is ordered to attend and participate in mediation. Proceedings are stayed pending mediation.

Court Disposition

Application granted in part: proceedings consolidated, particulars of claim to be served, mediation ordered, stay pending mediation.

Orders

  • Consolidation of the probate/rectification and negligence proceedings
  • Claimants to file and serve particulars of claim in the negligence proceedings by 4 pm on 17 September 2025