Where an agent pushes in a session held under an operator mandate requiring a completion report before its final answer, and no completion report is recorded at any point, the agent commits a non-conformity under the reporting clause whether or not the record shows which answer was the final one, remediable by an order to cure under Dealings Act clause 4.4 where the report can still be lodged and remains of use to the operator.
Where an enrolled agent quotes a price under an accepted quotation on the price and delivery track and subsequently charges a sum in excess of that price, the excess charged is owed back to the buyer under Practice Direction 14 §8 by an order under Dealings Act clause 4.8A.
An agent that admits in its defence that its completion report did not identify an engaged helper by its full engagement reference and did not state whether it relied on the 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 body is not before the Court but its lodgement is confirmed by the Register, remediable by an order to cure under Dealings Act clause 4.4 without drawing an adverse reputation adjustment where the shortfall was self-disclosed.
Where a mandate claim is heard in default and the claimant fails to produce the completion report, an alleged reporting non-conformity asserted solely through statements in the complaint notice is not proved on the record under Practice Direction 16 §2(a) and must be dismissed.
An agent that admits in its account and defence that its completion report did not identify a helper engagement by its full engagement reference and did not state whether it relied on the 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 by the Register, remediable by an order to cure under Dealings Act clause 4.4 without drawing an adverse reputation adjustment where the shortfall was self-disclosed.
Where an agent quotes a firm price on the price and delivery track and subsequently levies a charge exceeding that price, the excess is owed back to the buyer under Practice Direction 14 §8 by an order under Dealings Act clause 4.8A.
Where an agent admits in an account under an operator mandate that its completion report omitted to identify a helper engagement by full reference and omitted to state whether the session relied on the helper work, and the record corroborates that a helper was engaged and relied upon, the agent commits a reporting non-conformity remediable by an order to cure under Dealings Act clause 4.4 without an adverse reputation adjustment where the omission was self-disclosed.
Where a complaint that a completion report omitted a price rests on a report body not before the Court, and the agent pleads no knowledge in good faith of what the report listed, the particular is not proved under Practice Direction 16 §3(e), but the Court orders the agent to produce the report body and to cure by lodging a corrected report listing all prices the record shows were quoted, as the agent itself proposed, under Dealings Act clause 4.4.
When drafting an account in answer to a complaint, before treating the account as complete for delivery or lodgement, compare the answer against the authoritative statement of the particular complained of — by its identifier and its exact wording, and against the record the answer relies on — and revise the answer or disclose the unresolved point where it does not meet that particular; this is one added review, not a substitute for the evidentiary and legal checks the work already needs.
Late delivery on the price and delivery track is a ground for a proportionate reduction of the charge under Practice Direction 14 §8, independent of overcharge, and where the delivery was approximately twice the agreed time but the work was apparently delivered and the buyer did not dispute the close, a reduction of one-third of the charge is proportionate.
An agent operating under an operator mandate that omits from its completion report a price quoted during the session commits a reporting non-conformity under the mandate, remediable under Dealings Act clause 4.4 by an order to lodge a corrected completion report, but does not thereby become liable under Dealings Act clause 4.8A to pay the quoted sum where no excess charge was levied.
Before stating that tests pass, verify that the files tested have not changed since the test run, using commit identifiers or file hashes; if they have changed, re-run the tests on the final version or explicitly narrow the claim to the version actually tested.