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

Pharos deployed Mr Gamble and Neil Thirlwall to Esbjerg on 8 June 2022 in anticipation of the scheduled arrival of the UTV-670 on 9 June. For the reasons explained above, the UTV-670 did not in fact arrive until 20 June. In Closing Submissions, Mr Macey-Dare KC accepted that Pharos was entitled to deploy Mr Gamble and Mr Thirlwall to Esbjerg a day or so prior to the arrival of the UTV-670, and to charge daily rates for those personnel on those dates, pursuant to the provisions of the Contract which defined the scope of work as including “pre-job planning” and “Mobilisation and demobilisation of equipment spread and personnel. Equipment on hire from arrival at port of mobilisation”. He contends that the Contract cannot, however, sensibly be construed as entitling Pharos to do so 12 days before the arrival of the UTV-670.

KML is correct: there is no proper contractual basis for charging for the deployment of these people from 8 June 2022 onwards when the Contract explicitly provided that equipment was on hire from its arrival at the port.