Expert determination and no oral modification clauses

In GSY Hospitality Ltd v Gladstone Court Developments Ltd [2025] EWHC 3231(TCC) Mr Roger ter Haar KC, sitting as a Deputy Judge of the High Court, held that an expert determination was not binding on the parties because the expert had departed from his instructions in a material respect in so far as he had failed to take account of a no oral modification clause when deciding to give effect to a variation of a contract which had not complied with the requirements of the clause. The present case acts as a reminder of the fact that no oral modification clauses are valid and binding and of the importance of ensuring compliance with the terms of any such clause when seeking to vary the terms of a contract containing such a clause.