EWJ 60 April 2025 web - Journal - Page 42
It was also relevant that there was no possible remedy
for an aggrieved party other than by challenging a determination on the ground of manifest error or fraud:
a fairly thorough examination of the expert’s determination was consistent with the fact that this would be
the one and only chance of avoiding its consequences
if they were indeed affected by error.
They should also specify clearly what is the remit of
any expert appointed to make a determination and
whether they require a reasoned determination.
The guidance as to what constitutes “manifest error”
may also be helpful to parties to contracts for the sale
of crude oil and petroleum products when determining the extent to which a certificate of quantity or
quality can be challenged.
Nonetheless, the word “manifest” should not be
diluted. Finality was an important factor and the
finality of the determination should not be subject to
attack because another view could, in the light of
further argument, properly be taken of the matters
dealt with during the determination.
Authors
John McNeilly
Partner
john.mcneilly@hilldickinson.com
Reema Shour
Professional Support Lawyer
reema.shour@hilldickinson.com
Having summarised the applicable principles, the
Court then considered the dispute between the parties
and how the expert resolved it. It concluded that the
determination contained two manifest errors. It
granted a declaration that the claimant was not bound
by the expert determination.
Hill Dickinson’s Commodities team advises on contentious and non-contentious matters arising from the
international sale, purchase, financing, storage and
transportation of commodities. We advise on matters
relating to soft and hard commodities and all aspects
of energy.
Conclusion
The decision is a reminder that those drafting or
agreeing contractual dispute resolution provisions
should consider carefully whether they should provide for an arbitrator or an expert to determine their
disputes, or indeed both depending on the nature of
the dispute.
We offer specialist legal advice combined with a real
understanding of clients’ commercial needs. If you are
a trader, charterer, operator, end-user, insurer, financing bank, borrower or trade association, HD
Commodities team should be your first port of call.
If you require an expert call the Expert Witness
free telephone searchline on 0161 834 0017
Mr Matthew Akal
Consultant Clinical Psychologist
Statement of Equivalence in Clinical Psychology; British Psychological Society; 2012
(SoE ClinPsych) Master of Social Science in Clinical Psychology; Nelson R. Mandela School
of Medicine; 2007 (MSocSci ClinPsych) Bachelor of Arts Honours in Psychology;
University of South Africa; 2004 (BA Hons Psych)
My name is Matthew Akal, and I am a Consultant Clinical Psychologist. Having
qualified with a professional degree in Clinical Psychology in 2007, I am registered
as a Practitioner Psychologist with the Health and Care Professions Council
(HCPC), and a Chartered Clinical Psychologist, and Associate Fellow of the British
Psychological Society (BPS). I have been employed up to Consultant grade in the
U.K public sector where I worked for 12 years within the NHS, Local Authority,
and Ministry of Defence. I have always acted with integrity in my over 15 years of
clinical experience throughout the U.K. public sector, and in private practice.
I pride myself on adhering to HCPC, BPS, and NICE (National Institute for
Clinical Excellence) guidelines, as well as continuous professional development,
especially in the diagnosis of PTSD.
Dr Danny Allen
Consultant Adult & Addictions Psychiatrist
MB BS LLM MRCGP MFFLM FRCPsych MEWI MAE MIoD
Since 2018 I have been providing the Courts with medico legal reports. In this
regard I completed further specialist training and I hold the Cardiff University
Bond Solon Civil Expert Certificate. I take my role as an expert witness and my
duty to the Court very seriously, and fully respect CPR 35. I have significant
relevant experience in the diagnosis and treatment of PTSD, and associated mental
health conditions, including in the mainstream population; military personnel;
learning disabilities and other neurodevelopmental disorders, and in complex
trauma and neurorehabilitation settings. My research within the field of trauma has
been published.
Dr Allen works for Allen Associates, which is a group of
psychiatrists and psychologists dedicated to excellence in
report-writing providing reports on adults for all courts, tribunals
and regulatory bodies. We do undertake some legally aided work.
Tel: 0870 162 0671
Email: enquiries@allen-associates.com
Website: www.allen-associates.com
Address: Allen Associates, Suffolk House, 54-55 The Green
Wooburn Green, High Wycombe, HP10 0EU
Area of work: United Kingdom
EXPERT WITNESS JOURNAL
Contact: Agnes Gradzewicz
Tel: +44 0203 289 7473
Email: agnes@imbt.co.uk - Website: www.imbt.co.uk
Area of work: Nationwide
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