15th December 2025
Expert Determination Overturned by TCC
On 11 December 2025 the TCC handed down its judgment in respect of a summary judgment application made in the context of a challenge to a decision made in an expert determination: GSY Hospitality Limited v Gladstone Court Developments Limited [2025] EWHC 3231 (TCC).
GSY applied for summary judgment in respect of its claim for a declaration that part of an expert determination was not binding on the parties by reason of having been made in manifest error and/or error of law. The parties had agreed under clause 18.1(e) of the contract that the expert determination would be binding save in the case of manifest error or in relation to questions of law.
Mr Roger ter Haar KC (sitting as a Deputy High Court Judge) awarded summary judgment in accordance with GSY’s application. Having considered the summary of principles in Premier Telecommunications Group Ltd v Webb [2014] EWCA Civ 994 as to the circumstances in which a court will set aside a determination or decision of an expert and the scope of the expert’s mandate in this case, the Court held that the error of law (which by the time of the hearing had been admitted by GCDL) meant that the expert had departed from his instructions in a material respect and therefore the decision on the challenged issue was not binding.
James Leabeater KC and Helen Dennis acted for the successful claimant in obtaining summary judgment, instructed by Macfarlanes LLP.
The full judgment is available here.
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