GSY Hospitality Limited v Gladstone Court Developments Limited

GSY Hospitality Limited v Gladstone Court Developments Limited

The expert's determination was not binding because it was based on a legally erroneous finding that an oral variation capping liability at £800,000 was valid, despite the contract's No Oral Modification clauses requiring written evidence. The expert failed to consider the relevant legal principles, departing from his mandate in a material respect.

Parties
Claimant: GSY Hospitality Limited; Defendant: Gladstone Court Developments Limited
Jurisdiction
England and Wales
Judgment Date
12 November 2025
Procedural Posture
Commercial Dispute / Summary Judgment Application
Outcome
Summary judgment granted for the claimant
Legal Topics
Expert Determination, No Oral Modification Clauses, Estoppel by Convention, Summary Judgment
Contract Law Commercial Law Expert Determination No Oral Modification Clauses Estoppel by Convention Summary Judgment

Case Brief

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Parties

GSY Hospitality Limited

Claimant

Gladstone Court Developments Limited

Defendant

Procedural Posture

Commercial Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the expert determination regarding the apportionment issue is binding
  2. 2 Whether a variation capping GCDL's liability at £800,000 was valid under the contract's No Oral Modification clauses
  3. 3 Whether the expert's determination contained a manifest error or error of law

Ratio Decidendi

The expert's determination was not binding because it was based on a legally erroneous finding that an oral variation capping liability at £800,000 was valid, despite the contract's No Oral Modification clauses requiring written evidence. The expert failed to consider the relevant legal principles, departing from his mandate in a material respect.

Court Disposition

Summary judgment granted for the claimant

Orders

  • The expert determination in relation to the Apportionment Issue is set aside and is not binding on the parties