The Criminal Procedure Rules 2025 The Criminal Procedure Rules 2025

The Criminal Procedure Rules 2025

The Criminal Procedure Rule Committee has published a new consolidation of the Criminal Procedure Rules and an accompanying guide. The new Rules will...
Transparency and Open Justice Board Key Objectives Transparency and Open Justice Board Key Objectives

Transparency and Open Justice Board Key Objectives

The Transparency and Open Justice Board has published its final Key Objectives and its response to its Public Engagement on the proposed Key...
A fundamentally flawed report A fundamentally flawed report

A fundamentally flawed report

The parties unanimously agreed that the report of a Court appointed expert was fundamentally flawed, could not be relied upon, and a new psychologist...
Referral of Release Decisions Consultation: proposed amendments to CPR Part 77 and... Referral of Release Decisions Consultation: proposed amendments to CPR Part 77 and...

Referral of Release Decisions Consultation: proposed amendments to CPR Part 77 and...

The Civil Procedure Rule Committee ('Committee') is consulting on proposed amendments to the Civil Procedure Rules Part 77 and the Practice...
Expert evidence and the materiality of a risk Expert evidence and the materiality of a risk

Expert evidence and the materiality of a risk

Although this is an orthopaedic case and in which given its preliminary nature the expert evidence was not tested, it is helpful for experts in...
Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC... Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC...

Frederick Ayinde, R (on the application of) v The London Borough of Haringey [2025] EWHC...

The barrister for the Claimant was unable to explain to the court's satisfaction why she had cited several non-existent cases in pleadings. The...
Podcast Episode 14: Reflections on the EWI Annual Conference 2025 Podcast Episode 14: Reflections on the EWI Annual Conference 2025

Podcast Episode 14: Reflections on the EWI Annual Conference 2025

In the 14th episode of the Expert Matters Podcast, Simon and EWI's Marketing and Events Manger, Heather George, reflect on their highlights from...
A Day in the Life of a Town Planning Expert Witness A Day in the Life of a Town Planning Expert Witness

A Day in the Life of a Town Planning Expert Witness

Susan Jones, founder of SJ Consultancy, has been a town planning consultant for over 40 years. As an Expert Witness, she provides evidence at public...
Podcast Episode 13: Long-Standing Policy Issues Podcast Episode 13: Long-Standing Policy Issues

Podcast Episode 13: Long-Standing Policy Issues

In the 13th episode of the Expert Matters Podcast, we look at five long-standing policy issues that have had significant developments recently: (1)...
A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

A Day in the Life of a Plastic, Aesthetic and Hair transplant Surgeon and Expert Witness

Dr. Rohit Seth is trained in Plastic, Reconstructive, Aesthetic and Hair Transplant Surgery with over 20 years of surgical experience. A practicing...
A Day in the Life of a Digital Forensics Expert Witness A Day in the Life of a Digital Forensics Expert Witness

A Day in the Life of a Digital Forensics Expert Witness

Ryan Shields is a digital forensics expert who has worked in the police and private sector. Here, he explains why he is passionate about using his...
Podcast Episode 12: Expert Discussions and Joint Statements Podcast Episode 12: Expert Discussions and Joint Statements

Podcast Episode 12: Expert Discussions and Joint Statements

In the 12th episode of the Expert Matters Podcast, we discuss Expert Discussions and Joint Statements. Joint Statements are critical documents in any...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Setting The Goal Posts  in Expert Determination Cases  For “Manifest Error” Exceptions
EWI Team 419

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

byEWI Team

 

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”.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.