Invensys Plc & Ors v Automotive Sealing Systems Ltd. [2001] EWHC 501 (Comm) (08 November 2001)

Invensys Plc & Ors v Automotive Sealing Systems Ltd. [2001] EWHC 501 (Comm) (08 November 2001)

No manifest error was found in the expert's determination; the expert's interpretation of submissions and the agreement was permissible and not obviously wrong, thus the determination is final and binding.

Citation
[2001] EWHC 501 (Comm)
Parties
Vendors: Invensys Plc & Others; Purchasers: Automotive Sealing Systems Ltd
Jurisdiction
England and Wales
Judgment Date
08 November 2001
Procedural Posture
Commercial Dispute / Summary Judgment Application
Outcome
summary judgment granted for vendors
Legal Topics
Expert Determination, Manifest Error, Sale and Purchase Agreement, Accounting Treatment, Finality of Determination
Commercial Law Contract Law Expert Determination Manifest Error Sale and Purchase Agreement Accounting Treatment Finality of Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Invensys Plc & Others

Vendors

Automotive Sealing Systems Ltd

Purchasers

Procedural Posture

Commercial Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the court may examine materials beyond the expert's determination to decide manifest error
  2. 2 Whether there was a manifest error in the expert's determination regarding the treatment of factored debts

Ratio Decidendi

No manifest error was found in the expert's determination; the expert's interpretation of submissions and the agreement was permissible and not obviously wrong, thus the determination is final and binding.

Court Disposition

summary judgment granted for vendors

Orders

  • Vendors entitled to judgment for the sum determined by the expert
  • Counterclaims to proceed to trial