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ARTICLE · 15 OCTOBER 2026

3173 Bidco Ltd & Anor v Roberts & Anor

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A High Court judge examines whether adverse costs orders should be made following an unsuccessful Early Neutral Evaluation in an employment dispute, where the defendant advanced an unpleaded argument that caused the ENE to be adjourned part-heard. The decision explores the tension between encouraging ADR participation and maintaining proper litigation conduct standards.

United KingdomLitigation, Mediation & Arbitration
Jeremy Glover
Jeremy Glover
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Section 7.1 of the TCC Guide describes an Early Neutral Evaluation (“ENE”) as a form of alternative dispute resolution in which a judge or some other neutral person receives a concise presentation from each party and then provides his or her own evaluation of the case. The decision of Pearce J here related to the question of costs arising from an ENE in an employment dispute.

At the case management conference (“CMC”), the judge had transferred the case to the Shorter Trials Scheme and gave directions through to trial, including provision for an ENE.

This ENE took place earlier than anticipated which meant that witness evidence had not yet been exchanged. The ENE was unsuccessful, being adjourned part heard. The question of costs was reserved. The dispute went on to a full hearing where Bidco obtained judgment on the claim against Roberts for nominal damages in the sum of £100, but otherwise the claim and counterclaim were dismissed.

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