I call it the day three running jump. The adjudication starts, the referral is served, then on day three the respondent tells the adjudicator to take a running jump: "Dear Adjudicator, no offence meant, but go away. You have no jurisdiction, this adjudication is not allowed, so take a hike." We adjudicator folk have got used to this day three (or four, or five) interruption. It goes with the territory. We don't get niggled or aerated; we just get on with it. Almost always the adjudicator says, "No chance - because it's a look-n-sniff observation only," and almost always the respondent shrugs and says, "We will press on without prejudice," sometimes adding, "We will deal with the point on enforcement if we lose." Then if they do lose, the jurisdiction point is batted back and forth with the winner (it's part of the territory again) and sometimes goes no further. If it does end up in court, so be it. But now that adjudicating has become a lawyers' playground, it doesn't surprise anyone when the respondent tries a knock-out blow by calling for an emergency injunction on day three to put the adjudicator back in their box.
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