High Court sets aside expert determination due to ‘manifest error’

In a recent case, WH Holdings Ltd v E20 Stadium LLP, the High Court set aside an expert determination on the basis that it contained two manifest errors.

Expert determination is usually binding on the parties involved and the grounds for setting it aside are limited. As such, this case provides a relatively rare example of a successful challenge to an expert determination. It also usefully clarifies what is meant by the term ‘manifest error’ and when that term can be applied to an expert's decision.

Facts