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An adjudicator considered a contemporaneous termination assessment rather than simply choosing between the valuations advanced by two experts. The adjudicator obtained supporting material, explained the proposed approach and invited submissions from both parties.
Mr Justice Eyre rejected the challenge and enforced the decision.
The case illustrates that a decision-maker may reach a conclusion advanced by neither expert, provided procedural fairness is maintained. For experts, the practical lesson is that the underlying evidence and reasoning must withstand scrutiny beyond a comparison of the competing opinions.
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