[blml] ACBL LC Detroit minutes [SEC=UNOFFICIAL]

[Matthias Berghaus]

richard.hills at immi.gov.au schrieb:
> 2007 Law 85A1:
>
> In determining the facts the Director shall base his view on the balance
> of probabilities, which is to say in accordance with the weight of the
> evidence he is able to collect.
>
> Herman De Wael:
>
> The Dutch NAC has done one good thing in ruling that written evidence
> alone should not be enough to rule misbid - but they have gone
> overboard and have dismissed some misbids as misinformation when the
> written evidence was substantiated by other evidence.
>
> John (MadDog) Probst:
>
> "Have you made this misbid in this partnership recently?"
>
> "No" - score stands (make a report to a recorder file, or better still
> get pissed with the other TDs now and then which is how we do it in
> the UK.)
>
> Richard Hills:
>
> In my opinion Herman's support for the idea, "written evidence alone
> should not be enough to rule misbid" is tantamount to "guilty until
> proved innocent".  

I have to support Herman, for a change. As Hans mentioned in the 
meantime: written evidence can be doubtful, even misleading. I do not 
think that Herman advocates dismissing the CC as meaningless, but he 
knows that it does not always tell all of the truth, for example history 
of misbids. We have a pair that just now invents a new bidding system. 
The process is not finished (and will not be for some time, I have done 
something similar some years ago, even if  my partnership didn't start 
from scratch), so at the moment there are a lot of CCs around with 
marginally different dates of printing. Of course they always use the 
newest CC, but from time to time (rather sooner than later) one of them 
forgets that an older agreement has been replaced, or rather they don't 
agree whether this is the case. So the TD often rules MI, which they 
bear gracefully.

> In my opinion MadDog's approach of "verbal evidence
> alone is enough to rule misbid in the absence of counterweighting
> evidence" much better satisfies the "balance of probabilities"
> requirement of the 2007 Law 85A1.
>
> And I particularly like MadDog's method of collecting counterweighting
> evidence.
>   

So do I.

>
>