Wills & Trusts Law Reports | Spring 2020 #178The claimant made an application under the Inheritance (Provision for Family and Dependants) Act 1975 as a widow of the deceased. She wanted the parties to engage in Early Neutral Evaluation (ENE), but the defendant refused to do so. The claimant asked the court to order an ENE under CPR r3.1(2)(m).
At first instance, Parker J made it clear that she believed that an ENE would be of benefit to the parties, but declined to order this. The claimant appealed against the decision not to order an ENE.
The single issue on appeal was whether a court can order an ENE in cir...
Laura Scott highlights a robust intervention by the Court of Appeal ‘Early neutral evaluation is a form of alternative dispute resolution in which an independent and impartial evaluator is appointed to give the parties an assessment of the merits of their case.’ A recent Court of Appeal case is authority for the proposition that the …
Continue reading "Early neutral evaluation: Cards on the table"
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Wills & Trusts Law Reports | September 2015 #152The claimants had brought proceedings under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision out of the estate of their late father, Arnold Seal. The sole executrix and beneficiary of the estate was the defendant. Related proceedings had generated considerable acrimony with the result that the parties’ positions were in danger of becoming entrenched. An attempt at mediation had largely stalled and the legal representatives of the parties proposed as a way forward that the court undertake an early neutral evaluation of the ca...
