Claimants

If you are a claimant seeking damages, there is a much better option for you than going to court. Independent Evaluation (IE) will provide you with fast, effective justice and the likelihood of receiving more in damages than you would by going through the courts.

IE is an independent dispute resolution service which enables settlement without the stress, delays and costs of the court process. We conduct Independent Evaluations in all areas of law, so whether your case is a high value personal injury or medical negligence claim, or a dispute relating to business, property, employment or professional negligence, you will have a better outcome than you would from the court process, no matter how complex or intractable your case may appear to be.

More money than you are likely to receive through the courts

In most cases, you are likely to be awarded a larger sum. At the very least, you will receive as much in damages as you would through the courts. The reason for this is that the defendant (ie the other side) saves a substantial amount of money by avoiding the lengthy and expensive court process. When one of our highly experienced IE Evaluators assesses the damages due to you, the saving to be made by the defendant is taken into account and a portion is added to your damages.

Cases resolved and damages paid in a matter of weeks

Cases are usually settled in a few weeks or months at most, whereas the court process can often take years. You will usually receive your damages within days of your case being evaluated and settled.

Claimants using IE often say the real benefit of early and generous settlement is that they can put the case behind them and begin to move on with their lives.

How IE works

One of our highly experienced Evaluators, who is a senior lawyer or judge with outstanding expertise in the area of law concerned, will be appointed to your case. In the first phase of the IE process, the Evaluator reviews all the documents and evidence and talks to your legal team directly, by phone, to identify the key issues on which the case will be assessed.

On the Evaluation day, the Evaluator meets with you and the opposing side face-to-face to conduct the one day Evaluation and Facilitation – the equivalent of your ‘day in court’. Evaluations take place at our premises in the heart of legal London, just off Chancery Lane, or at one of our regional venues in Manchester or Leeds. Each party has their own room to use throughout the Evaluation day. Where necessary, and in the ‘new normal’ of the coronavirus pandemic, Evaluations can be conducted online via secure video conferencing.

On the day itself, the Evaluator will discuss with you the strengths and weaknesses of your position, explain what the outcome would be if the case went to court, and then propose a settlement. Further discussion, facilitated by the Evaluator, helps the parties reach a resolution of all points in dispute, including the question of costs.

The Evaluation takes just one day – and it works. It is no surprise that IE is recognised by judges, barristers and solicitors all over the country as being far more effective for civil cases than any available alternative; better than mediation and better than the courts.

Outstanding track record of success

IE has been conducting evaluations since 2012 and has a prolific record of success. About 95% of all Evaluations are successful, so when you decide to use IE, you can be sure that you are very likely to achieve an excellent settlement – and in much less time than it would take through the courts.

Cost free and risk free

In most civil claims cases, IE is completely free for you, the claimant and the defendant pays for the Evaluation, regardless of the outcome, so there is no financial risk to you at all.

The other benefit is that, whilst IE Evaluations are legally binding once the settlement is agreed, if you find on the day that you don’t like the proposed settlement, you are free to walk away and revert to the courts instead – and it will not cost you a penny. Given that you are likely to receive more in damages with IE than you would through the courts, and much more quickly, it is clear you have nothing to lose and everything to gain.

Win Win

The benefits for you, the claimant, are very clear, but we are often asked: ‘What’s in it for the other side, the defendant?’ As mentioned earlier, when defending a case through the courts, the defendant would usually have to pay a large amount in legal fees. By using IE, settling early and avoiding the costly court process, the defendant saves a considerable amount of money. Therefore, it is in the defendant’s interest to use IE and settle as early as possible, even if they have to pay more in damages than they would through the courts.

Never too late to use IE

Most cases come to us at an early stage, before court proceedings are issued, but we regularly take cases that have been proceeding through the courts for years. Sometimes disputing parties come to us just before trial, rather than face an uncertain court outcome. We also conduct evaluations for Appeals, so if your case has been to trial and you are not happy with the outcome, you still might be able to use IE. Appeal cases are evaluated by one, two or three former Court of Appeal or Supreme Court judges, subject to the nature of the case.

What to do next – get in touch

If you would like to talk to us about the possibility of using IE for your case, please just get in touch. All initial advice is strictly confidential and completely free of charge.

If your solicitor has recommended that you consider Independent Evaluation as a means of resolving your case, but you are still unsure, please feel free to call us and we will answer any questions you may have.

If you have tried mediation or another form of dispute resolution, and it hasn’t worked, you can still use IE and reach an excellent settlement very quickly. Just ask your solicitor to contact us or, if you prefer, you can contact us direct and we will contact your solicitor on your behalf. This is completely free of charge.

If your solicitor has not yet recommended any form of dispute resolution to you, it might be useful to remind them that all solicitors have a duty to try to resolve cases through such means as IE, rather than litigate through the courts, and that if they fail to provide full advice on this, they run the risk of incurring costs penalties imposed by the court.

To find out how we can help, or to refer your dispute for Evaluation, please call Jonathan Bishop on 020 3383 1000 or complete our enquiry form.