Expert answer

• 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