Before: Arbitrator AlexRobertson (A), Respondent: Martin S (R), Claimant: Joost S (C), Ian G (C2) Case: a20121108.1

History Log

Original Dispute, Discovery (Private Part) (optional)

EOT Private Part



Background to the ruling:

Here are my observations of the information as recorded on the card against the requirements of the CAP:-

“The CAcert Assurance Programme (CAP) form requests the following details of each Member or Prospective Member: “

“The CAP form requests the following details of the Assurer: “

However I note that any variations in the names on the document and against the account need to be highlighted and this has not happened in this particular case. (In this case it is the fact that the recorded information is Joost’s full names whereas the document presented (his driving licence) has his middle name only as an initial.

Overall, and despite the above, my opinion is that this form “passes” as a valid assurance document. Although it does not contain explicit permission to assure the assuree, it is certainly implicit in the document.

Therefore the assurance may stand.

The role of those experiences assurers around the table is perhaps less than ideal; there is no reason why an assurance has to be totally formal - I’ve conducted a few assurances and a lot of Thawte notarisations at pubs - but one needs to be able to focus on what is being done - I’m not convinced that this was the case here - it was “a bit difficult (at dinner, before and between courses) and was prone to errors”

In addition, according to Ulrich,

In particular, I am concerned that Joost “put pressure” on Martin to assure him after he had initially declined, and that the other experienced assurers allowed this to happen. This is not “good practice” on Joost’s part. However, I don’t see any intent to deceive or to deliberately do wrong. However it may warrant a note in the assurers handbook to make it clear that this should not be done.

Alex Robertson
CAcert Arbitrator
Crewe, UK


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Arbitrations/a20121108.1 (last edited 2013-07-27 22:20:44 by UlrichSchroeter)