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Seals and Another -v- Williams; ChD 15 May 2015

Seals and Another -v- Williams; ChD 15 May 2015

Postby dls » Sat Jul 25, 2015 8:06 am

Seals and Another -v- Williams; ChD 15 May 2015
References: [2015] EWHC 1829 (Ch)
Links: Bailii
Coram: Norris J
The parties lawyers had proposed a Early Neutral Evaluation of the case anticipating mediation. The parties disputed inheritance challenges to the will.
Held: 'The advantage of such a process over mediation itself is that a judge will evaluate the respective parties' cases in a direct way and may well provide an authoritative (albeit provisional) view of the legal issues at the heart of the case and an experienced evaluation of the strength of the evidence available to deploy in addressing those legal issues. The process is particularly useful where the parties have very differing views of the prospect of success and perhaps an inadequate understanding of the risks of litigation itself.' and 'The proposed directions have been carefully crafted so as to afford the Settlement Judge the opportunity to make non-binding recommendations as to the outcome and to state short reasons for that recommendation without in any sense attempting a provisional judgment. Indeed, the Settlement Judge will not be further involved in the proceedings at all. The directions also provide that, in the light of the recommendations, the parties may agree a Consent Order.'
Statutes: Inheritance (Provision for Family and Dependants) Act 1975
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