Lomax v Lomax [2020] WTLR 191

Wills & Trusts Law Reports | Spring 2020 #178

The claimant made an application under the Inheritance (Provision for Family and Dependants) Act 1975 as a widow of the deceased. She wanted the parties to engage in Early Neutral Evaluation (ENE), but the defendant refused to do so. The claimant asked the court to order an ENE under CPR r3.1(2)(m).

At first instance, Parker J made it clear that she believed that an ENE would be of benefit to the parties, but declined to order this. The claimant appealed against the decision not to order an ENE.

The single issue on appeal was whether a court can order an ENE in cir...

Construction Focus: Should parties be forced to mediate?

Cuts to legal aid encourage wasteful actions by litigants in person over boundary and other disputes. John Starr discusses ‘With legal aid becoming ever less available, the number of litigants in person will increase – inevitably resulting in increased cost and delays in the already over-stretched court service, not to mention the increased frustration felt …
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