Expert Witness Journal Issue 68 August 2026 - Flipbook - Page 92
ansu昀昀ered
ENEsu昀昀ered
decision
is actionable
non-binding,
parties
remain
Key Takeaways
Hope
su 昀昀ered
HopeAs
Hope
had
Hope
had
had
nosu昀昀ered
actionable
no
no actionable
loss asloss
ahad
result
asloss
a result
as
of
a result
of of
free to continue with the litigation in the event that
While mediation and arbitration remain popular
its outcome does not facilitate termsOn
being agreed. ly
contract.
i
f
thereand
there
maye昀昀ective
there
be
may
a breach
be
may
a breach
beofthere
aof
contract.
breach
of contract.
of
Only
contract.
Only
ifdetermination
there
Only
if there
is if there
is is
is
forms
ADR,
expert
the ENE is conducted on a without
prejudice
ngGiven
from
that
breach
w
i
ll
directand
direct
昀椀nancial
direct
昀椀nancial
loss
昀椀nancial
resulting
loss
resulting
loss
from
resulting
from
that
breach
from
that
breach
that
will
breach
will
will
ENE are valuable alternative which are often
basis (just like other forms of ADR) the judge who
underutilised. When deployed strategically, they can
presides over the ENE cannot have any involvement
signi昀椀cantly reduce the time, cost, and uncertainty
in the litigation itself, nor can the judge presiding
associated with disputes.
over the litigation have sight of the ENE decision.
This is advantageous for the same reason other
Selecting the appropriate mechanism will depend
forms of without prejudice ADR are advantageous,
on the nature of the dispute, the parties’ objectives,
namely that parties can engage openly and freely in
and the commercial context. At Collyer Bristow, we
the process
without concerns
about any
concessions
ou r
ma
in
a
rea
sconcentrating
of
d
ispute
昀椀rm concentrating
昀椀rm
昀椀rm
concentrating
on theon
four
theon
main
four
the
main
areas
four main
areas
of dispute
areas
of dispute
of dispute
regularly advise client on the full spectrum of ADR
orw
statements
being utilised in the litigation.
er t
itnesses
iresolution;
n
昀椀
ncia
resolution;
resolution;
actingacting
as expert
acting
asna
expert
witnesses
as expert
witnesses
in
witnesses
昀椀nancial
in 昀椀nancial
in 昀椀nancial l
option and work closely with them to identify the
most e昀昀ective route to resolution in each case.
The caveat isl
that the ENE
will have sight of
m i na
ajudge
nd
i nter
The 昀椀rm
The 昀椀rm
has
The a昀椀rm
has
civil,
anationa
has
civil,
criminal
a civil,
criminal
and
criminal
international
and international
and international l
more
limited
documentation
than
a
judge
would
at
the
end
of
th is
What seems
What
clear
seems
What
is clear
seems
thatlike
this
is clear
that
is not
this
is that
the
is not
this
end
the
is
ofnot
this
end
of this
end
of thisraised in
If
you
would
to
discuss
any
ofthe
the
issues
昀椀nal trial in litigation, particularly where the parties
this article, please get in touch with a member of our
have not yet exchanged disclosure and/or witness
Commercial Disputes team.
statements at the time the ENE takes place. That is a
facto to be considered in light of what information in
www.collyerbristow.com
[2025] EWHC
[2025]2364
EWHC
[2025]
(Comm)
2364
EWHC
(Comm)
2364 (Comm)
anticipated to be revealed by disclosure and witness
evidence.
In practice, ENE can be thought of as a form
of “reality testing”: whilst it does not provide a
deter
m
i
nat
ion,
he
determination,
determination,
determination,
he would
he would
have
he would
set
have
the
set
have
昀椀gure
the
set(or
昀椀gure
at
the
50%.
昀椀gure
at
50%.
at
50%.
binding
determine
of
the
dispute
particular
issues therein), it often still plays a valuable role in
36 Old
36Park
Old
36Avenue
Park
Old Avenue
Park Avenue
bringing parties closer to resolution. Or at the very
36 Old Park
36 Old
Avenue
Park
36 Old
Avenue
Park Avenue
least, having another reference point for further
LondonLondon
SW12 8RH
London
SW12 8RH
SW12 8RH
settlement negotiations.
+44 7769
Mobile:
+44
707020
7769
+44
707020
7769
707020
idence.com/ Mobile:Mobile:
https:/
https:/
/expert-evidence.com/
https:/
/expert-evidence.com/
/expert-evidence.com/
Expert Evidence International Limited
Private Banking, Investment and Wealth Management Expert Witness & Dispute Resolution Experts
Expert Evidence International Ltd - a partnership of experienced experts.
With long successful history working in the UK and international markets, discover how we can help you. Expertise in both
tion
in
and
resolving
e all
cover
theareas
main of
areas
of dispute
resolution
and consultancy
in litigation
and resolving
civil
and criminal cases. We
cover
the all
main
dispute
resolution
and issues
consultancy
in litigation
and resolving
issuesissues
providing
e act
as single
orappointed
party
assistance
appointed
experts
andsubstantial
have substantial
experience
in providing
assistance
between clients. We act as
single
joint orjoint
party
experts
and have
experience
in providing
assistance
to clients in dispute. Also acting as Expert Witnesses, Litigation Consultancy, Mediation and Arbitration.
Our areas of expertise covers;
Banking, Criminal, Investment Banking, Investment Management, Lending, Private Banking & Wealth Management,
Regulation and Taxation.
banks,
have
financial
substantial
experience
in appointed
being appointed
by private
institutions,
client
and individuals
as
well
as by banks,
financial
institutions,
We haveesubstantial
experience
in being
by private
client
and
individuals
as well
as
by banks,
financial
institutions,
and
also
consultancy
e provide
as expert
witnesses
on
and
also consultancy
on
professional
indemnity insurers and
invetsment managers. We provide
adviceadvice
as expert
witnesses
and
also
consultancy
on
matters being litigated.
We act in England and Wales as well as the Scottish and Norther Irish Courts and well as the International Courts.
We have experience in US, Carribean, Europe, Middle East and Asia and many of the offshore islands which practice
English Law such as Gibraltar, Malta, Cyprus, Bahamas, Bermuda, Bahrain, Hong Kong and Singapore,
We also have acted in Criminal Trials dealing with such aspects as Money Laundering, Insider Dealing, Fraud, Phishing,
Confiscation of Assets and Tax Trials.
We are also specialists in Financial Regulation
Contact: Expert Evidence
Tel: +44 20 7884 1000
nue,
London,
SW12
Address: 36 Old Park
8RH
Avenue,
venue,
London,
London,
SW12SW12
8RH 8RH
Email: thomas.walford@expert-evidence.com
Area of work: Worldwide
Website: http://expert-evidence.com
EXPERT WITNESS JOURNAL
90
AUGUST 2026
