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

In Closing, Mr Woolgar fairly accepted that there was no contractual basis upon which Pharos could charge for equipment or personnel during periods of delay due to breakdown, where those delays were due to Pharos’ breach of contract, even where the delay was concurrent with waiting on weather. This would follow from KML’s obligation under Clause 7 to pay for Goods and Services ‘provided that they are in accordance with any applicable Specification and the terms of the Contract’.