Roof Slates Melting in the Sun

A manufacturer produced an imitation Welsh roofing slate using slate particles bonded together with resin.  The manufacturer had the product independently tested by a reputable independent body and published the results.  The tests showed his man-made slate to be a serviceable product.

In time failures became apparent.  Initial inspection of one poorly performing roof showed many slates to have concave curves, and the tiling to be loose.  It was decided to re-roof with the same materials, which the slate manufacturer agreed to provide free of charge. 

The remedial work commenced in early summer. 

An Adjudicator Takes Advice Which He Does Not Follow

An adjudicator telephoned an expert to ask about the correct method of constructing a sand-and-cement floor screed.  The case the adjudicator was considering involved the incorrect placement of a reinforcing mesh in a screed. 

The expert described to him the alternatives which would have ensured correct construction.  The expert gathered from his conversation with the adjudicator that the mesh was generally laid below the screed but was in some places poking out from it.  No other fault was reported.

An Arbitrator Takes Advice

Ordinarily a tribunal – whether judicial, arbitral or adjudicatory – may obtain technical advice at need through the appointment of experts.  In this way, the tribunal need not contain members who are personally familiar with all aspects of the type of construction which is in dispute.  Expert witnesses may assist the tribunal properly to understand the technical matters they are asked to decide.  Expert witnesses are distinct from witnesses of fact in that they are allowed to provide evidence of opinion. This may involve interpretation and reliance on hearsay.

Arbitrators and adjudicators have taken expert advice outside the formal boundaries of the tribunal over which they preside. This happened quite recently where an arbitrator, outside the hearing, telephoned an expert for technical advice.