What is ‘manifest error’ in expert determination? The Court of Appeal provides guidance (WH Holding Ltd v London Stadium LLP)
Dispute Resolution analysis: Expert determination clauses typically provide for narrow grounds to challenge the expert’s determination, often limited to ‘manifest error’. In this appeal, the appellant successfully challenged the High Court’s decision to overturn an expert determination on the grounds of manifest error. The Court of Appeal’s decision provides important guidance on the threshold for ‘manifest error’ and how the courts will approach challenges to expert determination. Written by Andrew Judkins, counsel at Norton Rose Fulbright LLP.