Setting The Goal Posts in Expert Determination Cases For “Manifest Error” Exceptions

 

Summary

Within this update we feature the well-publicised case of WH Holding Limited and E20 Stadium LLP [2025] EWHC 140 (Comm).  The case concerns a successful challenge of an expert’s decision in the context of a concession agreement for sporting events. 

The claim was initiated as a High Court claim for declaratory relief under Part 8 of the Civil Procedure Rules.  The judgment was released in January of this year having been heard by Paul Mitchell KC last December. 

Learning points for experts 

• A clause can often be seen in agreements to specify that disputes will be settled by ‘expert determination’.

• Experts are often drafted in to resolve by ‘expert determination’ where the dispute is technical, specialist or requires valuation knowledge.

• Your decision will generally be binding and enforceable except where there has been a “manifest error” or fraud on your part.

• You can find more information about Expert Determination in our new ADR Resources in the EWI Knowledge Hub. 

Learning points for instructing parties

• The meaning of “manifest error” can be very unclear and depend on the particular contract and context. 

• When drafting contracts for clients, question and potentially discuss whether it is appropriate to include an ADR/expert determination clause with a “manifest error” exception.

• This case is relevant to corporate lawyers generally given its connection and interpretation of “anti-embarrassment clauses”.

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