sfi, on 2022-February-09, 19:17, said:
I think the elements have all been mentioned above, but I don't think the director has any rights to change the table score for E-W. We have a legal auction and a result gained through play, so that should stand. You point out that Law 11A explicitly allows the director to adjust the score for N-S only, but they have not received any advantage.
This law may seem harsh on E-W (if they had a biddable game, for example), but E-W have some culpability here. East committed the initial infraction, and then neither called the director when attention was brought to the irregularity.
So, table result stands.
I agree with the rest of your reply but I'm not convinced either of us have 11A pinned down, which is why I expressed doubt above and a good part of why I made this post. This law changed significantly in 2017 and I suspect you may be thinking about the previous version.
2007 Laws said:
LAW 11 - FORFEITURE OF THE RIGHT TO RECTIFICATION
A. Action by Non-Offending Side
The right to rectification of an irregularity may be forfeited if either member of the non-offending side takes any action before summoning the
Director. The Director does so rule, for example, when the non-offending side may have gained through subsequent action taken by an opponent in
ignorance of the relevant provisions of the law.
2017 Laws said:
LAW 11 - FORFEITURE OF THE RIGHT TO RECTIFICATION
A. Action by Non-Offending Side
The right to rectification of an irregularity may be forfeited if either member of the non-offending side takes any action before summoning the
Director. If a side has gained through subsequent action taken by an opponent in ignorance of the relevant provisions of the law, the Director
adjusts only that side’s score by taking away any accrued advantage. The other side retains the score achieved at the table.
2017 Laws Commentary said:
Law 11 deals with players who don’t call the Director when there is an irregularity. If the nonoffenders
act before calling the TD, the Law has said for years they may forfeit their right to
rectification of that irregularity. Law 11A has been changed in the 2017 code. The Director is
now empowered to award a split score (both sides losing) when either side gains (previously he
would only remove the advantage from non-offenders). Now the Director takes away whatever
advantage was gained by the side who did not call the TD in time (such as by causing a player to
get a second penalty card through ignorance of the obligation to play the first one), but the TD
still applies the Law to the side who committed the irregularity.
The commentary also gives an example where South invents his own ruling but then calls TD when East hits lucky because of it.
2017 Laws Commentary said:
N/S keep their table result: three out of the last six tricks. E/W do not keep their advantage.
Had the TD been called in time E/W would have won one of the last six tricks and that becomes the
adjusted score for E/W.
Now that looks very similar to the situation in this post: so based on this, TD should rule that N/S will keep their table result (-140, a bottom) and E/W do not keep their advantage and get -100 like all other E/W (3NT and 4
♥ were equally possible final contracts but both go down 1).
The fly in the ointment is that the law doesn't say what the commentary says it does, or at least not clearly. The first (older) sentence is fine, but the second (newer) one reads like it was translated from Spanish by a Canadian
. In particular the phrase "
gained through subsequent action taken by an opponent in ignorance of the relevant provisions of the law". Action subsequent to what? Why (only) by an opponent? What if the gain accrued to one side through the series of actions by all players following the initial failure to call TD? Does "in ignorance of" mean not knowing or does it mean ignoring?
Now if it said something like the humble suggestion below, I would be happy awarding the split score as above:
maybe should have said:
If at the end of play one side has gained from the fact that Director was not summoned following an infraction, then the Director adjusts only that side’s score by taking away any accrued advantage. The other side retains the score achieved at the table.