HT-2023-000321 - [2025] EWHC 1764 (TCC)

Subject to the question of set off, and interest, Pharos is owed the sum of £507,402.76 plus VAT on the basis of unpaid invoices. This amounts to £608,883.31 inclusive of VAT.

KML’s counterclaim for damages succeeds in the sum of £113,214.63, which may be set off against the sums owed pursuant to paragraph 225 above.

As to interest, KML have admitted at paragraph 35(3) of its Amended Particulars of Claim, that if, contrary to its position and sums are due and owing to Pharos (as is the case), in principle the Late Payment of Commercial Debts (Interest) Act 1998 applies. The parties are to seek to agree interest and if not agreed, the Court will determine the matter.