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England and Wales decisions
Decisions matching the current search
Nawaz-Khan & Ors v UAP Ltd [2026] EWHC 641 (Comm) (18 March 2026)
Commercial dispute over a share purchase agreement. The court upheld the expert determination, construed the SPA to include disputed accounting items in price, and dismissed the counterclaim.
The Court of Appeal held that an expert’s valuation determination under an overage clause was not affected by manifest error and was valid and binding.
WH Holding Ltd v London Stadium LLP (Formerly E20 Stadium LLP) [2026] EWCA Civ 153 (23 February 2026)
The Court of Appeal held that an expert’s interpretation of an overage clause was not manifestly erroneous, so the determination remained valid and binding.
Douglas Homes Housing Incorporated v Dykes & Ors [2026] EWHC 3 (Ch) (12 January 2026)
The High Court refused summary judgment and strike out applications in a Bristol property-development dispute, leaving expert-determination, breach, accounting, and trust issues for trial.
GSY Hospitality Ltd v Gladstone Court Developments Ltd [2025] EWHC 3231 (TCC) (11 December 2025)
The High Court held that an expert determination on hotel-development cost apportionment was not binding because it failed to apply the contractual No Oral Modification clauses.
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.
Source excerpt
Crea & Anor v Camp & Anor [2025] EWHC 2638 (KB) (15 October 2025)
High Court appeal over a boundary dispute held that the parties had bound themselves to accept a jointly instructed surveyor’s boundary determination.
High Court appeal in a boundary dispute held that the parties’ December 2016 correspondence created a binding agreement to accept a surveyor’s boundary determination.
No binding oral agreement was reached for the purchase price of Plot C or Plot F; deposit payment was not a condition precedent for Option F but was for Option C when price was agreed; the Defendants validly terminated Option C for failure to complete and pay deposit after expert determination; the Defendants were not in breach of contract by failing to transfer the plots; no losses were proved.
Source excerpt
Windust & Anor v Grant [2025] UKFTT 1083 (PC) (29 August 2025)
The tribunal held that an expert determination agreement bound the parties, so the respondent could not block registration of the determined boundary and right of way.
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