When can you challenge an Expert Determination?

 

 

Summary

The outcome of an Expert Determination is final and binding. However, there are circumstances in which the outcome can be appealed.

The case of GSY Hospitality Limited v Gladstone Court Developments Limited Neutral Citation Number[2025] EWHC 3231 (TCC) involves the appeal of an expert determination and provides a useful reminder of the circumstances in which the outcome can be set aside.

 

Learning Points

Learning points for Expert Determiners

• Carefully consider your mandate and instructions and make sure you remain within these.
• Make sure you apply the correct principles to the determination.
• Consider the relevant case law and how this impacts your determination.
• It does not matter if the result of the determination is likely to be the same. If you have materially strayed from your instruction, the determination could be set aside on appeal.

 

Learning points for Instructing Parties

• The outcome of an Expert Determination is final and binding except in the case of manifest error or an error on a point of law.
• The circumstances which may lead to a successful appeal are set out in Premier Telecommunications Group Ltd v Webb [2014] EWCA Civ 994; [2016] B.C.C. 439 (these are also set out in the case update below).

 

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