In the recent case of WH Holding Ltd v E20 Stadium LLP [2025] EWHC 140 (Comm) the High Court set aside an expert determination on the ground of manifest error where an expert had wrongly interpreted a mathematical formula. The underlying agreement concerned the use of the London Stadium by West Ham United Football Club. This is the latest in a line of authorities which explore the line between mere errors and manifest errors. Expert determination clauses can provide a quick and efficient dispute resolution mechanism but they are not without their drawbacks. Clauses which provide for this type of adjudication are frequently incomplete and can give rise to difficulties when subsequently applied.

Paul Downes KC (who acted for WH Holding Ltd) will explain the problematic areas in relation to the operation of these clauses, aspects to the process that should be regarded as indispensable, and the extent to which confidentiality will apply to any subsequent court challenge (Paul also appeared for WH Holding Ltd in the previous decision at [2024] EWHC 817 (Comm) concerning this issue). Paul will also discuss the most recent cases including the Supreme Court decision of Sara & Hossein Asset Holdings v Blacks Outdoor Retail [2023] 1 WLR 575 and explain what will, and what will not, satisfy the 'manifest error' threshold for a Court based challenge.

Timings:

17:30 - Registration

18:00 - Seminar starts

19:00 - Drinks reception

20:30 - Close

REGISTER HERE