Trusts and Estates
Evaluating early neutral evaluation as a means of settling trust and estate disputes
In the last few years early neutral evaluation (ENE) has been in the ascendancy as a means of settling civil disputes. In
2015, the Civil Procedure Rules were amended so as to expressly provide that the court may hear an ENE with the aim of helping
the parties settle the case (CPR rule 3.1(2)(m)). In 2019, the Court of Appeal ruled in
Lomax v Lomax [2019] EWCA Civ 1467 that the court may order the parties to engage in an ENE, whether or not the parties give their consent.
What is ENE, and is it an effective means of settling trust and estate disputes?