Truell & Anor v Zalinska [2025] EWHC 3452 (Ch) (24 October 2025)

Truell & Anor v Zalinska [2025] EWHC 3452 (Ch) (24 October 2025)

Mrs Hatchard must be joined as a party to the proceedings to allow her to respond to claims for costs and damages against the estate of the deceased Second Claimant, as exposure to such liability existed at the date of death regardless of subsequent conduct by the First Claimant.

Citation
[2025] EWHC 3452 (Ch)
Parties
First Claimant: Truell; Second Claimant: John Rayner Hatchard; Defendant: Zalinska
Jurisdiction
England and Wales
Judgment Date
24 October 2025
Procedural Posture
Property Trusts and Probate / Application for Joinder Following Strike Out of Claim
Outcome
Application for joinder granted
Legal Topics
Executors' Liability, Joinder of Parties, Costs Liability, Undertaking in Damages
Trusts and Estates Civil Procedure Executors' Liability Joinder of Parties Costs Liability Undertaking in Damages

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Parties

Truell

First Claimant

John Rayner Hatchard

Second Claimant

Zalinska

Defendant

Procedural Posture

Property Trusts and Probate / Application for Joinder Following Strike Out of Claim

Legal Issues

  1. 1 Whether Mrs Hatchard should be joined as a party to enable claims against the estate of the deceased Second Claimant for costs and damages under an undertaking

Ratio Decidendi

Mrs Hatchard must be joined as a party to the proceedings to allow her to respond to claims for costs and damages against the estate of the deceased Second Claimant, as exposure to such liability existed at the date of death regardless of subsequent conduct by the First Claimant.

Court Disposition

Application for joinder granted

Orders

  • Mrs Hatchard to be joined as a Defendant to the proceedings