As an adjudicator, I disagree with four points made by Nick Henchie (5 January, page 56):
• I have ordered parties in adjudication to disclose documents, although I do not have any sanction if they are not produced. If I have ordered them and they have not been produced, I let the party who has not produced them know that I will take a refusal to produce them into account when considering the evidence.
• I have received several expert reports in adjudications.
• If an expert report is challenged by the other party, then I have requested the expert to attend an adjudication meeting. I have allowed the other party to question the expert on his opinion. If I have not understood the reasons for his opinion or his answers, I have questioned that expert myself.
• If I am aware that the evidence of witnesses to fact is contradictory, then I do require their evidence to be given under oath and I administer that oath.
I invite other adjudicators to dispel the opinion of Mr Henchie and apparently some judges, that some adjudicators simply stick a finger in the air when reaching a decision.
Ian Strathdee, Mackenzie Partnership