Adjudication Watch — review of the latest legal developments in adjudication
In this fourth edition of Adjudication Watch, Wragge & Co’s construction experts review cases involving challenges to adjudication enforcement on jurisdictional and natural justice grounds.
Enforcement challenges are becoming increasingly sophisticated with more cases involving adjudicators allegedly going off on a ‘frolic of their own’. To counteract this, courts consistently remind parties that adjudication must remain a ‘rough and ready’ form of justice and the detailed dissection of adjudication decisions is discouraged.
Despite such skillful challenges, it remains very difficult to persuade the court that the adjudicator’s approach (as opposed to the decision he reached) was wrong…
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This was the finding of the High Court following an appeal by the losing party from a master’s decision that relief should be granted.
The courts have said that any employee who receives commission and/or overtime should have that taken into account for their statutory holiday pay.