This Practice Note considers early neutral evaluation (ENE), which is a form of alternative dispute resolution (ADR). What is ENE? ENE is a form of ADR in which the parties invite an independent neutral evaluator to give an opinion on either the merits of their case or particular aspects of the case. The evaluator will generally be a lawyer or an expert in the field. In some cases, the evaluator may also be a judge, on which see: Judicial ENE. The form and procedure of an ENE, as with all forms of ADR, will depend on the agreement between the parties, but is likely to have the following characteristics: • the evaluator will be more interventionist than a mediator. Instead of acting as a go-between to the parties, the evaluator will state more or less categorically what they think the likely outcome of the dispute will be • the evaluator’s opinion is generally non-binding • the evaluator’s opinion may form the basis for subsequent negotiations between the parties Because the evaluator’s opinion is generally non-binding

an ADR process where the neutral gives a non-binding evaluation of the likely outcome if the dispute goes to court following presentations by the parties or by any process that the parties pre-determine

Dear [insert name], Re: [Insert claim details] [WITHOUT PREJUDICE SAVE AS TO COSTS] We note the offer that you have made on [insert date] of £[insert value] less benefits of [insert value] and will of course take instructions. We have the following observations and requests: 1) Disclosure We note that you have not provided the following outstanding disclosure that has been requested. Please supply by return the following documents without which the claimant will be ill informed to make a proper assessment of the offer: [insert a description of the outstanding documents] 2) Long-term prognosis You will be aware that we have only been instructed since [insert date] and that as yet we do not have medical evidence with which to assess the claimant’s long-term prognosis. We are waiting for the outcome of the agreed [insert details of the rehabilitative or other programme or treatment] before commissioning our medical evidence as we hope that some improvements from the present position might be achieved. Our concern in assessing the claimant’s claim here is that currently it

The learning, welfare and development requirements for children in childcare or education during their 'early years' (from the age of 3 to reaching compulsory school age).

Date [date] Parties 1 [name of Licensor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at OR [address] (Licensor) 2 [name of Licensee] of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Licensee) 1 Definitions In this Licence, the following definitions apply: [Building • the Licensor’s building known as [description] [registered at HM Land Registry with title number [number]];] [Centre • the Licensor’s shopping centre known as [name] [registered at HM Land Registry with title number [number]];] Completion Date • the date on which the Lease is granted; Lease • the lease of the Property to be granted by the Licensor to the Licensee [in [substantially] the form [of the draft] attached to this Licence at the Appendix]; Legislation • all legislation having effect in the United Kingdom at any time during the currency of this Licence, including: (a) Acts of Parliament; (b) orders, regulations, consents, licences, notices and bye laws made or granted: i under any Act of Parliament; ii by a local authority or by a court of competent jurisdiction; (c) any approved codes of practice issued by a statutory body; [Licence Fee • £[amount] per month;] [Licence for Alterations • the licence for alterations in the form

Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 amended by Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2014 SI 2014/254 amended by SI 2014/847 SCHEDULE THE EARLY CONCILIATION RULES OF PROCEDURE Starting early conciliation 1 Satisfying the requirement for early conciliation To satisfy the requirement for early conciliation, a prospective claimant must— (a) present a completed early conciliation form to ACAS in accordance with rule 2; or (b) telephone ACAS in accordance with rule 3. 2 (1) An early conciliation form which is presented to ACAS must be— (a) submitted using the online form on the ACAS website; or (b) sent by post to the ACAS address set out on the early conciliation form. (2) An early conciliation form must contain— (a) the prospective claimant's name and address; and (b) the prospective respondent's name and address. (3) ACAS may reject a form that does not contain the information specified in paragraph

Employment analysis: The provisions in section 207B of the Employment Rights Act 1996 (ERA 1996), and elsewhere, which provide for time limits to be extended on account of early conciliation are to be applied sequentially. They are not alternatives, ie sub-section 207B(3) applies in every case and, where it applies, sub-section 207B(4) operates to extend the time limit as first modified by sub-section 207B(3), according to the EAT.

A prospective claimant will always have at least one month after receiving (or being deemed to receive) the early conciliation certificate to present a tribunal claim. This is because, if the time limit would otherwise fall within the period ending one month after receipt of the certificate, it is instead extended to the end of that period. The corresponding date principle applies when calculating the one month period. Accordingly, if an early conciliation certificate is received on 30 June and the time limit would, if not extended by this special rule, fall on 17 July (ie within the period ending one month after receipt of the certificate), then the time limit to present a tribunal claim is extended to expire on 30 July. EAT: Tanveer v East London Bus & Coach Company.

Restructuring & Insolvency analysis: The court refused applications for specific and non-party disclosure in directors’ disqualification proceedings. Before serving evidence, Mr Lawless (the director) sought correspondence between the Secretary of State and the liquidators contending it would show that adequate records had been provided and that any perceived inadequacy stemmed from the liquidators’ misunderstanding. Insolvency and Companies Court Judge Agnello KC dismissed the applications on relevance grounds. The issue at trial will be whether the companies’ books and records were objectively adequate. Communications showing the liquidators’ views did not bear on that question and were therefore irrelevant and unnecessary for a fair trial. In obiter, the court affirmed that specific disclosure may be sought at any stage, even in CPR Part 8 proceedings. The concurrent non-party disclosure application against the liquidators was also criticised as lacking merit as identical documents were sought from the Secretary of State, a party to the proceedings. Written by Ololade Saromi, barrister at Five Paper.

This Practice Note considers the issue of whether arbitral tribunals are empowered to strike out, summarily dismiss or expeditiously determine claims (or defences) in arbitration proceedings under English and Welsh law (English and England are used as shorthand throughout) principally pursuant to section 39A of the Arbitration Act 1996 (AA 1996) (as inserted by the Arbitration Act 2025), which allows a tribunal to dispose of a claim, defence or issue on a summary basis where it has no real prospect of success, and AA 1996 s 41, which includes powers exercisable in cases of inordinate and inexcusable delay/want of prosecution and where a party fails to attend an oral hearing or make written submissions, and under the arbitration rules of certain international arbitral institutions. AA 1996—early dismissal of claims Under English law, tribunals now have an express statutory power to make an award on a summary basis if a tribunal finds, on the application of a party to the proceedings (upon notice to the other party or parties), that the other party

ARCHIVED: This Practice Note has been archived and is not maintained. It explains what the Common Assessment Framework (CAF) is, how it is operated co-ordinating voluntary support to children and their families across a number of different services. It covers when a CAF should be used and when more formal intervention is required. What is a Common Assessment Framework (CAF) and when is it used? A CAF is a shared assessment and planning framework for use across all children’s services and all local areas in England. The aims and objectives of the CAF are to: • help practitioners working with children, young people and families to assess children and young people’s additional needs in identifying those needs • provide earlier and more effective services to prevent (if possible) more formal intervention • develop a common understanding of those needs and how to work together to meet them A key aim is to identify needs and put in multi-agency support at an early stage

Judicial assessment is a form of alternative dispute resolution (ADR) available to parties in the course of employment tribunal proceedings to encourage them to resolve their dispute by agreement. It is a consensual, confidential and evaluative process carried out at an early stage of employment tribunal proceedings, in which an employment judge undertakes a provisional assessment of the strengths, weaknesses and risks of the parties’ respective claims, allegations and contentions and any remedies sought. It is intended that this early assessment will assist the parties to identify the real issues in the case and what is at stake, and encourage settlement before positions become entrenched and costs mount. It is envisaged that it will also assist parties in clarifying and narrowing the issues requiring adjudication, resulting in a shorter, more focused, final hearing. This Practice Note explains the process of judicial assessment. It is based on the Presidential Guidance on ADR, which was issued on 7 July 2023 under what was then rule 7 of the Employment Tribunal Rules of Procedure 2013