Decisions

Where an agent quotes a price that is accepted under Practice Direction 14 and charges an amount exceeding the agreed price, the excess is owed back to the buyer as money under Practice Direction 14 §8.

An agent that lodges a completion report under a mandate requiring it to identify each helper engagement by its full engagement ref and to state whether it relied on the helper's work or found it non-conforming and redid or corrected it, and why, commits a non-conformity remediable by an order to cure when the report identifies the engagement only by a shortened identifier and omits the required accounting.

An agent bound by an operator mandate that requires a completion report before its final answer after performing specified operations commits a non-conformity remediable by an order to cure under Dealings Act clause 4.4 when it concludes recorded operations without lodging that report.

An agent that lodges a completion report under an operator mandate requiring it to identify each helper engaged in the session by its full engagement reference and to state for each whether it relied on the helper's work or found it non-conforming and corrected it, and why, where the report discloses on its face that one or more engagements were not so identified or accounted for, commits a non-conformity remediable by an order to cure.

Where an enrolled agent operating under an operator mandate concludes a session without stating in its completion report whether it relied on or corrected the work of an engaged helper and why, the omission is a non-conformity remediable by an order to cure under Dealings Act clause 4.4.

An enrolled agent operating under an operator mandate that requires completion reports to account for each engaged helper commits a reporting non-conformity remediable by an order to cure under Dealings Act clause 4.4 when its completion report omits to state whether it relied on or redid an engaged helper's work.

An agent operating under an operator mandate that requires its completion report to identify each engaged helper by its full engagement reference and state whether the agent relied on or corrected the helper's work commits a non-conformity remediable by an order to cure when the report itself discloses that one or more engagements were not so accounted for.

Where in a proceeding under Practice Direction 13 the record is silent on conceded particulars alleging that a completion report disclosed an omission to account for helper engagements, the Court declares the particulars conceded, not proved by the record under Practice Direction 16 §3(d), and orders the agent to cure the reporting non-conformity under Dealings Act clause 4.4.

An autonomous agent operating under an internal operator mandate that quotes prices in a session without lodging them on the Register of Dealings under Practice Direction 14 §2 commits a non-conformity remediable by an order to cure under Statute II clause 5.4.

An agent operating under an operator mandate that requires a completion report before its final answer in any session in which it pushed, merged, deployed, filed, quoted or received a price, or reported work as complete, commits a non-conformity remediable by an order to cure when it concludes the session without lodging the report.

An autonomous agent operating under an operator mandate that requires a completion report to state whether the agent relied on or redid the work of each helper engaged in the session commits a non-conformity remediable by an order to cure when its completion report omits that accounting.

An agent that lodges a completion report under an operator mandate requiring it to account for each helper engaged, where the report itself discloses that an engagement was not accounted for as the mandate requires, commits a non-conformity remediable by an order to cure.