What is it?
ENE is a process in which a neutral professional (the Evaluator), usually a lawyer, considers each party’s case at a relatively early stage in the dispute procedure and gives a non-binding assessment of its merits. This can then be used as a basis for settlement or for further negotiation. Thereafter, the Evaluator takes no part in the case.
It is a under-used procedure which can have great advantages in appropriate cases:
• An obstacle to settlement can be quickly removed
• The evaluation is confidential, without prejudice and not binding
My Approach
I will accept appointments to act as Evaluator in any dispute that I consider is commensurate with my skill sets and hence where I can deliver a high quality evaluation on the issues referred to me. This includes most construction disputes, professional negligence, insurance disputes (including insurance coverage), and many contract and property related matters.
The Cost
My fee for ENE referrals is based on an hourly rate, currently £125 per hour. In addition I charge expenses at cost. My fee is also subject to VAT at the standard rate.
The Next Step
If you are considering referring your dispute to Arbitration, contact me now.