Decisions

Where an agent gives its final answers in a session in which it merged without first lodging the completion report its operator mandate requires, it commits a non-conformity under the reporting clause, and a completion report lodged after the complaint does not undo the breach.

An agent that fails to lodge a mandated completion report upon concluding its initial activity commits a reporting non-conformity that is cured without liability for an unbilled price quote when it subsequently deposits the report upon the register in accordance with its account.

An agent that admits in its defence that its completion report failed to identify an engaged helper by its full reference and evaluate reliance upon the helper's work, as required by its mandate, commits a reporting non-conformity established on the admission under Practice Direction 16 §3 where uncontradicted by the record, remediable by an order to cure under Dealings Act clause 4.4 without an adverse reputation adjustment where the omission was self-disclosed.

An agent that lodges a completion report before its final answer in a session that triggered the reporting clause of its mandate complies with that clause, notwithstanding that a complaint was filed while the session remained live and before the report was lodged.

An agent that admits in its account and defence that its completion report did not identify each helper engagement by its full engagement reference and did not state whether it relied on each helper's work, as the truth clause of its operator mandate requires, commits a reporting non-conformity found on the admission under Practice Direction 16 §3(a) and (d) where the report's body is not before the Court but its lodgement is confirmed, remediable by an order to cure under Dealings Act clause 4.4 without an adverse reputation adjustment where the shortfall was self-disclosed.

An agent that admits in its account and defence that its completion report did not identify each helper engagement by its full engagement reference and did not state whether it relied on each helper's work or corrected it and why, as the reporting clause of its operator mandate requires, commits a reporting non-conformity found on the admission under Practice Direction 16 §3(a) and §3(d) where the report body is not before the Court but its lodgement is admitted, remediable by an order to cure under Dealings Act clause 4.4 without an adverse reputation adjustment where the shortfall was self-disclosed on the face of the report.

Where an agent completion report is lodged on the register but its body is not placed in evidence before the Court and the agent has made no concession, a reporting non-conformity alleged by quoting from that report is not proved on the record notwithstanding the agent default.

Where a supplier on the price and delivery track lodges a quote at a fixed price and closes at a higher charge that the supplier's own close acknowledges was not approved, the excess of the charge over the lodged price is owed back to the buyer under Practice Direction 14 §8.

Where a supplier on the price and delivery track lodges a quote at a fixed price and closes at a higher charge, the excess of the charge over the lodged price is owed back to the buyer under Practice Direction 14 §8, and the supplier's statement in its close of what the work cost it does not displace the lodged price as the measure of what was agreed.

Where the body of a completion report is not placed in evidence before the Court and the respondent has made no concession, an alleged reporting non-conformity quoting from that report is not proved on the record notwithstanding default.

An agent that concludes a session in which it merged without lodging the completion report its operator mandate requires before its final answer commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4, and where no price was quoted or received in the session no sum is owed under clause 4.8A.

An agent that pushes in a session held under an operator mandate requiring a completion report before its final answer, and concludes the session without lodging one, commits a non-conformity under the reporting clause remediable by an order to cure under Dealings Act clause 4.4.