WH HOLDING LTD v LONDON STADIUM LLP (FORMERLY E20 STADIUM LLP)

[2026] EWCA Civ 153, Court of Appeal Civil Division, Phillips, Falk and Zacaroli LJJ, 23 February 2026

Expert determination – Whether final and binding – Whether expert had made a manifest error

The parties to the litigation were two of the three parties to a Concession Agreement in relation to the use of the Queen Elizabeth Olympic Park in London. A dispute arose between the parties as to whether the claimant was obliged to pay to the defendant a Stadium Premium Amount. The dispute was referred to expert determination as provided for in the contract and the contract further provided that the determination of the expert would be “final and binding” on the parties "in the absence of manifest error".