PT-2024-BRS-000056 - [2025] EWHC 2325 (Ch)

On the other hand, consolidation of the negligence proceedings with the present claim would achieve what the claimants actually seek. This is that the court would have jurisdiction to order the respondent to take part in alternative dispute resolution. Of course, the claimants would have to serve particulars of claim on the respondent in the negligence claim before it could realistically be expected to take a view on any mediation, for example in a position statement prepared in advance. I mention that the claimants at the hearing pronounced themselves willing to serve such particulars “in short order”, by which (when asked) they said they meant within a fortnight or less.

On the other side, the respondent for its part would be content for consolidation of the two sets of proceedings to take place. As it says, the “two sets of proceedings arise from the same set of facts and consolidation would enable [the respondent] to engage with the proceedings substantively.” Accordingly, in my judgment the right order to make is not one for the joinder of the respondent to the probate/rectification for costs purposes only. It is one for the consolidation of the two sets of proceedings. The consolidated proceeding will be managed and tried in the High Court, in the Business and Property Courts in Bristol.