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ARTICLE · 31 MARCH 2025

A False Start - Expert Determination In The Olympic Stadium

Macfarlanes LLP
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The recent decision in WH Holding Limited v E20 Stadium LLP provides helpful guidance on the meaning of "manifest error" in the context of an expert determination clause.

United KingdomLitigation, Mediation & Arbitration
Christopher Charlton
Christopher Charlton
Zoe Carter
Zoe Carter
Madeleine Brown
Madeleine Brown

The recent decision in WH Holding Limited v E20 Stadium LLP provides helpful guidance on the meaning of "manifest error" in the context of an expert determination clause.

Successful challenges to expert determinations are unusual, so the Court's comments in this case are a useful insight into the likely future treatment of such claims. In particular, parties considering expert determination as a dispute resolution mechanism should be aware of the very limited scope for challenging an expert's decision.

What happened?

E20 Stadium LLP (E20), WH Holding Limited (WHH) and West Ham United FC entered into a concession agreement whereby WHH was permitted to run sporting events at the stadium in the Queen Elizabeth Olympic Park and West Ham United FC could use the stadium as their home ground.

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