09 October 2026 Sean Mosby 12 Case Updates Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2 by Sean Mosby Summary The case concerned the non-payment by a tenant of a commercial service charge. In considering the tenant’s permitted contractual defences of “manifest or mathematical error or fraud”, the Supreme Court construed the meaning of “manifest error” narrowly. Learning points Contracts which reference, or schemes for, expert determination generally include a clause which enables the parties to appeal the expert determination on the basis that it contains a “manifest error”. The EWI’s expert determination scheme which is to be launched later in the yeat, for example, includes such a clause. The Supreme Court has construed the term “manifest error” narrowly. An arguable error will not suffice, however well founded the allegation of error may ultimately prove to be. Before accepting instruction as an expert determiner, make sure you fully understand the terms under which you would be making the expert determination, including the permitted grounds for appeal. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags 05. Alternative Dispute ResolutionExpert DeterminationManifest Error Related articles Working with Expert Witnesses in Aviation Podcast Episode 20: Review of 2025 Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Setting The Goal Posts in Expert Determination Cases For “Manifest Error” Exceptions New resources on Alternative Dispute Resolution Switch article A substantial limit to its evidential value Previous Article Comments are only visible to subscribers.