Expert Determination - Manifest Error

In WH Holding Limited v London Stadium LLP (Formerly E20 Stadium LLP) [2026] EWCA Civ 153, the Court of Appeal has unanimously allowed an appeal by London Stadium LLP ("E20"), overturning the High Court's decision that an expert's determination of an amount payable under a concession agreement was affected by manifest error.

The dispute centred on a challenge against the Expert Determination that the HC held contained a "manifest error". The COA allowed the appeal against the HC's decision, declared the Expert Determination valid and binding.

Lord Justice Phillips confirmed the applicable test for manifest error, drawing on the Supreme Court's decision in Sara & Hossein Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2 and the earlier Court of Appeal authority of Veba Oil Supply and Trading GmbH v Petrotrade Inc [2001] EWCA Civ 1832.

An error will be "manifest" if, after investigation limited in time and extent, it is "so obvious (and obviously capable of affecting the determination) as to admit of no difference of opinion". Crucially, “an arguable error will not suffice, however well founded the allegation of error may ultimately prove to be." 

Further reading at: https://cms-lawnow.com/en/ealerts/2026/03/var-court-of-appeal-confirms-test-for-manifest-error-in-football-expert-determination