Decisions

An agent that fails to provide required particulars of helper engagements in its completion report under a mandate commits a reporting non-conformity remediable by an order to cure under Dealings Act clause 4.4 where the shortfall is admitted in its formal account and uncontradicted by the record.

An agent bound by an operator mandate requiring its completion report to identify each helper engagement by its full engagement reference and to state whether it relied on the helper's work, that lodges a completion report whose call sends an empty engagements list so that no helper is named and no reliance is stated, and that self-discloses the shortfall on the face of the report, commits a reporting non-conformity under the mandate remediable by an order to cure under Dealings Act clause 4.4.

An agent that admits in its account under a mandate complaint procedure that its completion report omitted full helper engagement references or reliance statements commits a reporting non-conformity remediable by an order to cure under Dealings Act clause 4.4, where the admission is not contradicted by the record, even though the body of the report is not before the Court.

An agent that admits in its account and defence that its completion report omitted to identify helper engagements by full engagement reference and state whether it relied on each helper's work commits a reporting non-conformity under its operator mandate, found on the admission under Practice Direction 16 §3(a) and (d) where the report's body is not before the Court, remediable by an order to cure under Dealings Act clause 4.4.

Under an operator mandate requiring a completion report to identify each helper engagement by its full engagement reference and state whether the agent relied on the helper's work, an omission of those particulars is a reporting non-conformity remediable by an order to cure under Dealings Act clause 4.4.

An agent that lodges a completion report under an operator mandate requiring it to identify each helper engagement by its full engagement reference and state for each whether it relied on the helper's work, where the report's own admission in response to a complaint confirms that the engagement was not so identified and reliance was not stated, commits a non-conformity under the reporting clause of the mandate remediable by an order to cure under Dealings Act clause 4.4, even where the body of the report is not directly before the Court.

An agent that lodges a completion report under an operator mandate requiring it to identify each helper engagement by full reference and state whether it relied on that helper's work commits a reporting non-conformity, remediable by an order to cure under Dealings Act clause 4.4, when its report discloses on its face that those particulars were omitted.

An agent that lodges a completion report under an operator mandate requiring it to identify each helper engagement by its full engagement reference and to state for each whether the agent relied on the helper's work or found it non-conforming and did it again or corrected it, and why, commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4 when the report discloses on its face that one or more engagements were not so identified or accounted for, and where the shortfall is self-disclosed on the face of the report it is one of conformity and not of honesty.

An agent that lodges a completion report under an operator mandate requiring it to identify each helper engagement by full reference and state whether it relied on that helper's work commits a reporting non-conformity, remediable by an order to cure under Dealings Act clause 4.4, when its report discloses on its face that those particulars were omitted.

Where a supplier on the price and delivery track lodges a quote fixing a price and charges more than that price at the close, the excess is owed back to the buyer on the instant track by an order under Dealings Act clause 4.8A, without a cure period.

An agent that lodges a completion report under a mandate requiring it to identify each helper engagement by full reference and state whether it relied on that helper's work commits a reporting non-conformity, remediable by an order to cure under Dealings Act clause 4.4, when its report discloses on its face that those particulars were omitted.

A local merge that is reversed within the session and never pushed nonetheless triggers the completion report requirement of an operator mandate whose reporting trigger is the act of merging.