Manifest Error in UK Law

Leading Cases
  • By Development Ltd and Others v Covent Garden Market Authority
    • Queen's Bench Division (Technology and Construction Court)
    • 28 Septiembre 2012

    Accordingly, in deciding such claims, the court's function is a limited one. It is reviewing the decision solely to see whether or not there was a manifest error and/or whether the process was in some way unfair. The court is not undertaking a comprehensive review of the tender evaluation process; neither is it substituting its own view as to the merits or otherwise of the rival bids for that already reached by the public body.

  • Lion Apparel Systems Ltd v Firebuy Ltd
    • Chancery Division
    • 27 Septiembre 2007

    If the Authority has not complied with its obligations as to equality, transparency or objectivity, then there is no scope for the Authority to have a “margin of appreciation” as to the extent to which it will, or will not, comply with its obligations.

    When referring to “manifesterror, the word “manifest” does not require any exaggerated description of obviousness. A case of “manifest error” is a case where an error has clearly been made.

  • Morelle Ltd v Wakeling
    • Court of Appeal
    • 03 Marzo 1955

    As a general rule the only cases in which decisions should be held to have been given per incuriam are these of decisions given in ignorance or forgetfulness of some inconsistent statutory provision or of some authority binding on the Court concerned: so that in such cases some part of the decision or some step in the reasoning on which it is based is found, on that account, to be demonstrably wrong.

  • IIG Capital LLC v Van Der Merwe
    • Court of Appeal (Civil Division)
    • 22 Mayo 2008

    By condition 2.1 the guarantor (Mr or Mrs Van Der Merwe) agreed “as principal obligor”“not merely as surety” that “if …the guaranteed moneys are not paid in full on their due date …it (the guarantor) will immediately upon demand unconditionally pay to the Lender (IIG) the Guaranteed moneys which have not been so paid”. which are now or may at any time hereafter be due, owing or payable or expressed to be due owing or payable, to the Lender from or by the borrower…”.

    I agree with the judge that that clause puts the matter beyond doubt. Any presumption has by the language used been clearly rebutted. Apart from manifest error, the Van Der Merwes have bound themselves to pay on demand as primary obligor the amount stated in a certificate pursuant to clause 4.2.

  • Socimer International Bank Ltd ((in Liquidation)) v Standard Bank London Ltd
    • Court of Appeal (Civil Division)
    • 22 Febrero 2008

    It is plain from these authorities that a decision-maker's discretion will be limited, as a matter of necessary implication, by concepts of honesty, good faith, and genuineness, and the need for the absence of arbitrariness, capriciousness, perversity and irrationality.

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Legislation
  • Value Added Tax Tribunals Rules 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ... ... correcting an error or defect in an appeal or application or intended appeal, a ... tribunal ... may correct any clerical mistake or other error in expressing his manifest intention in a decision or direction signed by him but if a chairman or ... ...
  • The East Northamptonshire Resource Management Facility Order 2023
    • UK Non-devolved
    • 1 de Enero de 2023
    ... ... by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert ... ...
  • The West Midlands Rail Freight Interchange Order 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert ... ...
  • The Electricity Capacity (Amendment) Regulations 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ... ... relevant application for prequalification contained a non-material error or omission; and ... (b) the information or evidence is capable of ... (a) manifest, and either inadvertent or the result of an honest mistake; ... (b) ... ...
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Books & Journal Articles
  • Policy Agendas and Economic Inequality in American Politics
    • No. 66-4, November 2018
    • Political Studies
    • 0000
    This article investigates the relationship between economic inequality and US congressional agendas. Longstanding insights into the influence of political spending on public policy suggest that mon...
    ... ... inequality narrows the purview of policymaking and that this is manifest through a reduction in the diversity of the congressional agenda. l analysis supports this position. Error-correction models show that rising inequality is associated with a ... ...
  • GMO authorisations and the Aarhus Regulation: Paving the way for precautionary GMO governance?
    • No. 26-4, August 2019
    • Maastricht Journal of European and Comparative Law
    • 0000
    This article endeavours to assess whether existing case law under the Aarhus Regulation has opened up any opportunities for civil society to challenge the decision that, in the face of scientific u...
    ... ... thenbe limited to examining whether the institution committed a manifest error of assessment ormisuse of power or manifestly exceeded the limits of ... ...
  • Case Notes
    • No. 16-4, December 2009
    • Maastricht Journal of European and Comparative Law
    • 0000
    ... ... in that area can only be annulled on the basis of a mani fest error. See Case C-225/91 Matra SA v. Commissio n of the European Communities ... C ommission [1991] ECR I-1433, parag raph 34. A manifest error is an error that is both extreme and obviou s, or an error ... ...
  • Dispute resolution
    • Construction Law. Volume III - Third Edition
    • Julian Bailey
    • 1687-1730
    ... ... of the third person may only be impugned in the case of “manifest error”, the mention of “manifest error” could indicate that the ... ...
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Law Firm Commentaries
  • Setting Aside Certificates for "Manifest Error"
    • JD Supra United Kingdom
    In a judgment delivered last month, the English Court of Appeal considered the circumstances under which completion certificates under a PFI contract could be set aside for "manifest error". The...
  • "Howlers" and the Meaning of "Manifest Error"
    • JD Supra United Kingdom
    When negotiating transaction documents, dispute resolution provisions will often receive less attention than they should. Even when these provisions are negotiated, parties’ concerns are often limi...
  • Conclusive Evidence Clauses And Failure To Mitigate
    • JD Supra United Kingdom
    In ABM Amro Commercial Finance Plc v Ambrose McGinn & ors [2014] EWHC 1674 (Comm), 23 May 2014 the court ruled that an indemnifying party cannot argue that a failure to mitigate by an indemnified p...
    ... ... which would be "treated as conclusive evidence (except for manifest error) of the amounts so payable" ... The Company later went into ... ...
  • Successful Procurement Challenge Against The Nuclear Decommissioning Authority
    • Mondaq UK
    ... ... the idea that the courts will intervene where there has been a "manifest error" in the assessment of the bid ... The judgment also gives useful ... ...
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