Early Neutral Evaluation is an established process in court, in relation to both financial applications (where there will be a Financial Dispute Resolution hearing) and children disputes (where there will be a Dispute Resolution Hearing). At these hearings, which are held prior to the listing of a contested hearing, a judge will give the parties guidance as to his or her view of the likely outcome in the case, in order to encourage and facilitate settlement of some or all of the outstanding issues, with the aim of saving costs, and reducing delay and stress for the parties. Unfortunately, from the time of the first hearing in court, it can take many months before the parties are given a date for their settlement hearing (FDR or DRA). This drives up costs and only serves to extend tension and stress for the parties.
1GC Family Law’s ENE service now allows parties to gain a similar forecast, out of court, subject to the level and strength of disclosure and representation, but often far quicker and at an earlier stage than court proceedings can achieve.
Members of Chambers offer ENE in cases involving:
- Financial matters;
- Arrangements for children; or
- Encompassing both.
As it is a bespoke service, it can be designed to meet the requirements of the individual case and client. Guidance can be provided for both simple issues as well as more complex ones.
The parties can book as long or as short an appointment as they wish. It can happen at any point in a dispute: whether before court proceedings are issued, or while they are still ongoing.
ENE can help to resolve obstacles to settlement rapidly and can assist to break the log-jam which holds up overall settlement. An expert view on likely outcome from one of our highly experienced and expert family law barristers can be obtained on one particular issue, on a number of different issues or on all the issues in dispute, as the parties may require. It is a very flexible tool.
ENE can be delivered by a variety of means. It can be given to just one party or both parties and their representatives; and it can be given orally or in written form. It can also be provided on either a privileged basis (so that issues do not arise as to the status of the ENE) or on an open basis (allowing the ENE potential greater albeit not binding weight in court proceedings).
1GC Family Law considers that ENE can provide a significant, early and rapid benefit to parties and their solicitors, facilitating a just and prompt settlement. The booking of an ENE appointment can happen at a time to suit both parties and take as much or as little time as they require, as it is not constrained by a crowded court list.
Clients instructing a 1GC Family Law barrister to conduct ENE can be confident that they will receive a first rate, dedicated and highly professional service, such that they will leave at the end of the process wholly satisfied that their individual situations have been considered with complete attention to detail and that likely outcomes have been expertly identified. In this way a settlement can be made all the more likely.
All 1GC barristers who undertake ENE are listed below:
- Andrew Norton KC (children)
- Janet Bazley KC (children and finance)
- Andrew Bagchi KC (children and finance)
- Francesca Wiley KC (children)
- Laura Briggs KC (children)
- Caroline Willbourne (children and finance)
- David Burles (finance)
- John Stocker (finance)
- Claire Heppenstall (children and finance)
- Simon Sugar (finance)
- Julien Foster (children)
- Elizabeth Darlington (finance)
- Duncan Watson (finance)
- Helen Jefferson (children and finance)
- Philip Perrins (finance)
- Richard Jones (children)
- Matthew Fletcher (children)
- Alfred Procter (children and finance)
- Elizabeth Hartnett (children and finance)
- Penny Clapham (finance)
- Nasstassia Hylton (children and finance)
- Katherine Dunseath (children and finance)
- Craig Vickers (children and finance)
- Eleri Jones (children and finance)
- Jack Rundall (finance)
- Andrew Venables (children and finance)
- Annabel Barrons (finance)
- Jane Crowley KC (door tenant, children)