Lomax v Lomax (Referral to Early Neutral Evaluation)

Lomax v Lomax (Referral to Early Neutral Evaluation)

The Civil Procedure Rules do not provide a sufficiently clear basis for the court to order a non-consensual ENE or FDR in civil proceedings; the process remains facilitative rather than compulsory, and the court cannot direct ENE or FDR without party consent under the current rules.

Parties
Claimant: Pauline Mavis Patricia Lomax; Defendant: Stuart Andrew Lomax
Jurisdiction
England and Wales
Judgment Date
20 May 2019
Procedural Posture
Inheritance Act Proceedings / Case Management Directions Hearing
Outcome
Application for compulsory ENE or FDR refused; original directions order approved with date amendments.
Legal Topics
Early Neutral Evaluation, Financial Dispute Resolution, Variation of Trusts, Case Management Powers, Inheritance (provision for Family and Dependants) Act 1975
Civil Procedure Family Law Trusts and Estates Early Neutral Evaluation Financial Dispute Resolution Variation of Trusts Case Management Powers Inheritance (provision for Family and Dependants) Act 1975

Case Brief

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Parties

Pauline Mavis Patricia Lomax

Claimant

Stuart Andrew Lomax

Defendant

Procedural Posture

Inheritance Act Proceedings / Case Management Directions Hearing

Legal Issues

  1. 1 Whether the court can order Early Neutral Evaluation (ENE) or Financial Dispute Resolution (FDR) without party consent under CPR 3.1(2)(m)
  2. 2 Whether the court can revisit its previous case management decision
  3. 3 Interpretation of CPR 3.1(2)(m) regarding ENE and FDR in civil proceedings

Ratio Decidendi

The Civil Procedure Rules do not provide a sufficiently clear basis for the court to order a non-consensual ENE or FDR in civil proceedings; the process remains facilitative rather than compulsory, and the court cannot direct ENE or FDR without party consent under the current rules.

Court Disposition

Application for compulsory ENE or FDR refused; original directions order approved with date amendments.

Orders

  • Case management and trial by a High Court Judge
  • Permission to claimant to amend details of claim and re-serve