51.   Some contracts refer technical disputes to an expert whose decision is final and binding.

52.   The contract did not say that the architect was acting as an expert, nor that his decision would be final and binding.

53.   Final means that the decision is not subject to review, and binding means that the parties are obliged to comply with the decision.

54.   If he had answered the wrong question, his decision would be a nullity.

55.   A speaking decision is one which gives the reasons and calculations behind the decision, whereas a non-speaking decision does not.

56.   It therefore follows that it is no longer good law that a speaking decision may be challenged, but that a non-speaking decision may not be.

57.   Expert clauses often provide that the decision is to be final and binding in the absence of manifest error.

58.   Appeal lies to a circuit judge where the decision was made by a district judge and otherwise to a judge of the Family Division.

59.   In some of these cases the earlier decision would be a binding authority and it would have to be followed.

60.   It is therefore unlikely that the Grenfell decision would be the same today in the light of this consumer protection legislation.