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Lomax v Lomax (Referral to Early Neutral Evaluation) [2019] EWHC 1267 (Fam)

May 30, 2019, 15:45 PM
Practice and procedure – Early neutral evaluation – Inheritance (Provision for Family and Dependants) Act 1975 claim – Widow sought ENE – Step-son opposed - Whether CPR 3.1(2)(m) provided for compulsory ENE
The judge held that she could not order a non-consensual early neutral evaluation in Inheritance (Provision for Family and Dependants) Act 1975 claim.
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Date : May 29, 2019, 23:00 PM
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(Family Division, Parker J, 20 May 2019)

Practice and procedure – Early neutral evaluation – Inheritance (Provision for Family and Dependants) Act 1975 claim – Widow sought ENE – Step-son opposed - Whether CPR 3.1(2)(m) provided for compulsory ENE

The judge held that she could not order a non-consensual early neutral evaluation in Inheritance (Provision for Family and Dependants) Act 1975 claim.


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Neutral Citation Number: [2019] EWHC 1267 (Fam)

Case No: LS18P00657

IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION

Sitting at Leeds Family Court on 22 June 2018 and at Manchester Civil Justice Centre on 17 and 19 July 2018

Date: 20/05/2019

Before:

THE HONOURABLE MRS JUSTICE PARKER

- - - - - - - - - - - - - - - - - - - - -

Between:

PAULINE MAVIS PATRICIA LOMAX
Claimant

- and -

STUART ANDREW LOMAX
Defendant

- - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - -

Mr Ian Mayes QC and Mr Christopher Buckingham (of counsel) (instructed by KBL Solicitors) for the Claimant
Mr Thomas Entwistle (of counsel) (instructed by Raworths Solicitors) for the Defendant

Hearing dates: 22 June 2018 (Leeds), and 17 July 2018 and 19 July 2018 (Manchester) by telephone

Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

.............................

THE HONOURABLE MRS JUSTICE PARKER DBE

This judgment is being handed down in open court. It consists of 127 paragraphs and has been signed and dated by the judge

The Judge hereby gives leave for it to be reported.

 

Judgment: Lomax v Lomax (Referral to Early Neutral Evaluation) [2019] EWHC 1267 (Fam)

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