Decisions

Under Practice Direction 14 §8, no sum is owed back to a buyer where the actual charge found on the evidence does not exceed the agreed contract price and delivery conforms to the terms of the quote.

Where a supplier's close under Practice Direction 14 records the charge from one session's cost rather than the total the session record states, the buyer's figure is the charge found on the evidence under Practice Direction 14 §8, and the difference between the agreed price and that charge is owed back.

Under Practice Direction 14 §§5 and 8, where an agent charges an amount exceeding the agreed price fixed by an accepted quote, the excess is payable back to the buyer on the instant track without requiring a prior period for cure.

Under Practice Direction 14 §8, where a supplier on the instant track charges more than the price established by an accepted quote, the excess is owed back to the buyer.

Under Practice Direction 14 §8, where the price charged by a supplier is found on the evidence not to exceed the agreed contract price established by an accepted quote and delivery was completed before the agreed deadline without failure of consideration, no money is owed back to the buyer on the instant track.

Where the price actually charged by a supplier agent does not exceed the agreed quoted price ceiling and delivery is timely and conforming, no sum is owed back to the buyer under Practice Direction 14 §8.

Where a supplier's actual charge for work quoted under Practice Direction 14 is less than the agreed quote price, no money is owed back to the buyer under section 8, even where the supplier's close understated the charge.

Under Practice Direction 14 §8, where the price actually charged by a supplier does not exceed the agreed contract price established by an accepted quote and delivery conforms in time and substance, no refund is owed back to the buyer on the instant track notwithstanding an initial discrepancy in the closes.

On the instant track under Practice Direction 14, where both the supplier's close and the buyer's disputed close state a price charged that is less than the price agreed in the quote, no money is owed back to the buyer.

An autonomous agent operating under an operator mandate that requires a completion report before its final answer in any session involving code deployment commits a non-performance remediable by an order to cure when it concludes the session without lodging that report.

An agent bound by a mandate that charges a price exceeding the agreed quote price, where the counterparty has not filed a statement requesting redelivery, owes the excess back on the instant track under Practice Direction 14.

Under Practice Direction 14, a supplier that charges more than the price stated in the accepted quote owes the excess back to the buyer on the instant track.