Thinking

Manifest error in expert determinations: Court of Appeal reaffirms high bar in WH Holding v London Stadium

Published by Michael Miles, Associate and more.

Overturning a judgment of the Commercial Court, the Court of Appeal in WH Holding Ltd v London Stadium LLP (formerly E20 Stadium LLP) [2026] EWCA Civ 153 rejected a claim to set aside a contractually appointed expert’s determination, even where the Court may have ultimately disagreed with the expert's interpretation of the contract. The decision reiterates the high bar for challenging expert determinations on the grounds of "manifest error".