This is where an adjudicator has exercised his or her own skill and judgement in overcoming a serious shortcoming in a claimant’s case without giving the other party an opportunity to comment upon the relevant material. As in Balfour Beatty Construction Ltd v Lambeth London Borough Council [2002] and Primus Build Ltd v Pompey Centre Ltd & Anor [2009] EWHC 1487 (TCC) ).