I had missed this case until I saw David's post. With the utmost respect to the District & Circuit Judges: how did they get this so badly wrong? That an Early Neutral Evaluation is confidential, non-binding & carried out on a without prejudice basis is as basic as it comes.
Funnily enough I am just settling down to write a piece on NCDR and where it's got to over the few years between Lomax v Lomax (2019) and the recent R (Mozolevsky) v Newcastle County Ct [2026] EWHC, [2026] WLR(D) 518 (15 October 2026) Hill J