State contract has incorrect daily rate and remedies for this

What would be the legal advice on the following. One has agreed a contract with the state for say a daily fee of 500 Euro and in error the civil servant who drafted the contracts wrote 600 Euro. This comes to light much later. Should the state have to pay the 600 or 500 Euro. Or should the contractor refund the 100 euro difference?

There a case like this from one of the tribunals a few weeks back. State paid the higher rate and continued to do so after the error was found.

Is this in relation to a recent case/story involving barristers/tribunals?

Bronte said:

What would be the legal advice on the following. One has agreed a contract with the state for say a daily fee of 500 Euro and in error the civil servant who drafted the contracts wrote 600 Euro. This comes to light much later. Should the state have to pay the 600 or 500 Euro. Or should the contractor refund the 100 euro difference?

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If 500 was the original amount agreed by both parties and there was a mutual mistake leading to the incorrect recording of the agreement, from what I know (not having gone back to the books to read up in detail on mutual mistake), the original amount (i.e. the amount actually *agreed*) would prevail under contract law. That the contract is with the state shouldn't matter under contract law, but there may be historic instances or past practices that mean that the State would pay the higher amount.

Yes I was referring to the barristers fees (about 2.5 K rather than 2K and I think it was a daily amount ) Anyway I'm sure they sent the overpayment back unless of course they thought the fee initally agreed was too low or they thought they were getting a bonus for their good work.

I hope the state does recoup this money as those of us who are employed at low levels in the infamous public sector have many stories to tell over the years of errors on payment side which regardless of whether or not one realised it , had to be paid back.
In fact a friend was on wrong PRSI rates for years and didn't know it until he retired ;on discovery it had to be paid back. Same thing happened to another friend who was paid overtime. In fact I make a point of checking up if there is an unusual increase in my salary. In fairness, when these mistakes occur, there is always negotiation re repayment but it is never just written off. Hopefully that's not just for 'small' people.

That's why I can't understand why in some of the recent scandals re expenses that are exhorbitant, the paying authority is not demanding monies back. It wouldn't happen in the dept I work in and as regards travel and sub ,it's so much hassle to get it , that I haven't bothered claiming and have taken time in lieu instead.Granted I don't travel much but to be honest my mental health is more valuable to me than the hassle that ensues with claims where I am. Pity that level of bookeeping didn't go on everywhere.