Expert Determination And Manifest Error: WH Holding Ltd V London Stadium LLP

Key takeaway

The Court of Appeal’s decision in WH Holding Ltd v London Stadium LLP confirms that challenging an expert determination for manifest error remains difficult. The error must be obvious, material and not reasonably open to dispute. Where an expert adopts a reasoned contractual interpretation that falls within the range of available meanings, the court will not interfere simply because another view may also have been possible.

Why does expert determination matter in commercial disputes?

Expert determination remains a commonly used mechanism for resolving disputes where parties want speed, finality and a decision from someone with relevant expertise. While it has traditionally been associated with technical or valuation disputes, it is increasingly being used in more complex and higher value commercial contexts.