EBU screen regulation said:
If a player accepts a non-written explanation and this leads to a misunderstanding, it will generally be assumed that he is at fault. It will be treated as his own misunderstanding under Law 21A, and he will not be entitled to redress. "
VixTD, on 2017-October-04, 11:25, said:
If the conditions of contest that Frances cites applied to the Swiss case, that would make the ruling essentially correct, not "nonsense" as I said earlier. I apologise to the Swiss directors if that's the case.
Yes, no blame could be attached to the directors if they were following the regulations! However, "nonsense" is a suitable way to describe the regulation itself. The main infraction (failing to write down the explanation) was committed by East. This directly caused North's misunderstanding of the East/West system. The idea that a regulation should permit East to gain from committing an infraction of this nature goes against common sense, natural justice and the principles of the Laws of Duplicate Bridge. To say that North is the player at fault for "accepting" a non-written explanation is completely missing the point. I've lost count of the number of times I have asked a question in writing and my screenmate has whispered an answer; when I hand them my pen, some take the hint, but others just repeat their answer verbally.
Let's check the Law to which the regulation refers:
Quote
LAW 21 - MISINFORMATION
A. Call or Play Based on Players Own Misunderstanding
No rectification or redress is due to a player who acts on the basis of his own misunderstanding.
Surely the point of this Law is make clear that a player is not entitled to redress for cases where the explanation is perfectly clear (e.g. East explains that a bid shows both black suits, but North suffers a mental block and does not realise that spades in a black suit) or for a misunderstanding which is nothing to do with an explanation. In the present case, the explanation was not clear (East said one thing but North heard something different) and the explanation was not made in the way required by the regulations. Hence East was in breach of Law 20F.
Also relevant in the Law Book is:
Quote
Law 12B.Objectives of Score Adjustment
1. The objective of score adjustment is to redress damage to a non-offending side and to take away any advantage gained by an offending side through its infraction. Damage exists when, because of an infraction, an innocent side obtains a table result less favourable than would have been the expectation had the infraction not occurred.
East was an offender. I would argue that North was an innocent party in respect of East's infraction as North does not control East's hand or mouth. Hence if North would/might have pulled the double on seeing an accurate written explanation, then E/W should receive an appropriate (probably weighted) adjusted score. By default, N/S would receive the opposite adjusted score. Under the 2007 Laws, it is plausible (though somewhat harsh) that the TD could have judged North's failure to insist on a written explanation to be "wild or gambling", thus deeming all of N/S's damage to have been self-inflicted and leaving them to keep their table score.
Under the 2017 Laws, this no longer seems to be applicable:
Quote
(e) If, subsequent to the irregularity, the non-offending side has contributed to its own damage by an extremely serious error (unrelated to the infraction) or by a gambling action, which if unsuccessful it might have hoped to recover through rectification, then:
(i) The offending side is awarded the score it would have been allotted as the consequence of rectifying its infraction.
(ii) The non-offending side does not receive relief for such part of its damage as is self-inflicted.
Failure to insist on a written explanation is not "a gambling action, which if unsuccessful it might have hoped to recover through rectification". It is directly related to the infraction, so the "extremely serious error" clause does not apply either.