Sample article. Early neutral evaluation (ENE) gives parties a judge’s provisional, non-binding view of the merits before the costs of disclosure and expert evidence are incurred.
In the Intellectual Property Enterprise Court, where recoverable costs are capped, ENE is a natural fit. Yet it remains underused, often because neither side wants to be the first to suggest it.
The court can order ENE of its own motion, and parties should not be surprised if judges do so more often. Asking for it early is a sign of confidence, not weakness.
