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ARTICLE · 02 JANUARY 2026

GSY Hospitality Ltd v Gladstone Court Developments Ltd

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GSY sought summary judgment in proceedings arising out of an expert determination in relation to the development of a luxury hotel.

United KingdomLitigation, Mediation & Arbitration
Jeremy Glover
Jeremy Glover
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[2025] EWHC 3231 (TCC)

GSY sought summary judgment in proceedings arising out of an expert determination in relation to the development of a luxury hotel.

During the project, a dispute arose between the parties concerning certain terms of the Sale and Purchase Agreement as amended (the "SPA") and payments which had been certified. This was referred to expert determination in accordance with the relevant provisions of the SPA. Amongst other things, the expert found that the parties had agreed a variation that GCDL's liability was capped at £800k.

GSY said that this aspect of the determination was arrived at in error of law or was based on a manifest error and therefore was incorrect and did not bind the parties.

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This article is taken from Fenwick Elliott's 2021/2022 Annual Review. To read further articles go to Fenwick Elliott Annual Review 2021/2022

This article is based on recent summaries from the Fenwick Elliott Dispatch, a monthly newsletter which highlights some of the most important legal developments during the last month, relating to the building, engineering and energy sectors. You can find further details here: https://www.fenwickelliott.com/knowledge-hub/dispatch-articles/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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