When to use IE

Ideally, legal disputes should be brought to IE as soon as they arise and before issuing legal proceedings to ‘go to court’. That said, you can bring a case to IE at any time and expect a good resolution – see ‘Better late than never’, below. When disputes are brought to IE, no matter how early or how late, you can expect a successful settlement within weeks.

Avoid the cost of issuing proceedings

The court fee for a civil claim is often as much as £10,000 (or 5% of the value of the claim) and is payable when proceedings are issued, so it makes sense to come to IE early on before the court fee is incurred.

Beware Costs Penalties

The courts now expect disputing parties to try to resolve their case through early neutral evaluation or another form of alternative dispute resolution (ADR), before resorting to litigation. If either party refuses to consider and/or engage in ADR, they are liable to costs penalties. When the case finally comes to court, such refusal will be taken into account by the court when deciding who should bear the costs of the proceedings. This is another good reason to use IE early on, before legal proceedings are issued.

Better late than never

Despite all this, cases are often brought to IE many months or even years after legal proceedings are issued, perhaps because the case is proving particularly difficult or perhaps because it has stagnated through endless delays. Many cases are referred to IE just before trial, in order to ‘settle out of court’. Cases can even be referred to IE at the end of the court process, after the judgment has been given. This is more unusual, but IE can also evaluate on appeals, in effect providing an alternative to the Court of Appeal.

How to get started

If you are currently involved in a civil claims dispute, you don’t need to wait for your dispute to be referred to IE – you can simply get in touch with us, and we’ll take it from there. If, on the other hand, your solicitor has already issued legal proceedings and you are unhappy with the way your case is progressing, or you are frustrated by the delays, again please just get in touch with us directly, or ask your solicitor to get in touch on your behalf. For more on ‘How to get started’ click here .

Likewise, if you are a solicitor or claims handler you can contact us for a no obligation discussion to explore the suitability of IE for your case. With our holistic approach, we provide support and practical advice throughout the Directions phase, particularly if this is the first time you have used IE.

Get in touch

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.