The contract provided that a certificate made by an expert was to be conclusive save in the case of manifest error.
Held: The expert’s reasons could be examined in order to determine whether he had made a manifest error. The contract provided for the expert to give reasons, and the parties must have contemplated that those reasons could be examined to see whether any manifest error had been made.
Judges:
Thomas J
Citations:
[2001] EWHC 501 (Comm)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Van Der Merwe and Another v IIG Capital Llc ChD 13-Nov-2007
The parties had entered into a debt factoring agreement, under which repayment was sought of some $30m, and the claimants were said to have guaranteed the loan by the factor to their company. The court was asked whether the guarantors had the same . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 13 June 2022; Ref: scu.201718