Case No. HT-11-503

177.These items were agreed by the experts to constitute betterment. Subsequently, Mr Woodall sought to add back in a random one third of the amounts deleted for betterment.178.Mr Woodall was wholly unable to explain in his cross-examination why he was allowing these items back in, even in part. It appears that Brit Inns used entirely new and much better taps as part of the reinstatement fit-out works. He appeared to accept however that the items constituted 100% betterment and was therefore unable to explain why he had allowed back in part of the costs. His explanation at the start of Day 5 of the trial appeared to be based on the fact that those in charge of the reinstatement fit-out works were ill-advised, and a little confused, but did not act unreasonably. But it did not seem to me that this had anything to do with whether an item already deleted for betterment should somehow be allowed back in. For the reasons that I have given, I do not allow these items. v)