Partner Article

Fixed fee Private Neutral Evaluation service for civil claims under £25,000.00 launched by No5 Barristers’ Chambers

No5 Barristers’ Chambers is offering a new service for claims up to £25,000 through fixed fee Private Neutral Evaluation. Echoing the FDR appointment in family proceedings, the scheme is being spearheaded by Philip Mantle and No5’s Business and Property Group. The scheme aims to give the parties to litigation the opportunity to identify and resolve the real issues in the case in a time and cost-efficient manner. To facilitate the scheme Philip will provide an independent, non-binding, evaluation of the case to enable the parties to better understand the merits of their positions and the implications of continuing the litigation. Philip said: “Litigation has always carried inherent uncertainty. In addition, particularly at the small claim/fast track level, it is now becoming increasingly uneconomical to pursue. This is quite apart from the underlying merits of the case. The idea behind this service is to offer the parties, for a fixed fee, an opportunity to better gauge the issues and merits of their case without the need to commit significant resources to the uncertainty of a final hearing and can improve the prospects for settlement.” Arising from the report of the CJC ADR Working Group prepared last November, which heighted the merits of ADR generally, the early neutral evaluation scheme is intended for solicitors to offer to their clients as a means of bringing matters to a resolution earlier than would otherwise be achieved through traditional Court proceedings. By operating for a fixed fee, the scheme offered by No5 enhances the opportunities for cost saving, and budgetary certainty, that ADR seeks to promote. Although the evaluation is non-binding on the parties, the opportunity to gain insight into the relative merits of the case is intended to promote discussion between the parties with a view to achieving settlement on the day. To that end if further discussion, immediately following the evaluation, is considered beneficial by the parties, meeting rooms can be made available at No5 Barristers’ Chambers, subject to availability. Philip is an ADR Accredited Mediator who both participates in and regularly conducts mediations in a range of commercial and property disputes.

This was posted in Bdaily's Members' News section by Judith Sanders .