![HT-2023-000321 - [2025] EWHC 1764 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
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Neutral Citation Number: [2025] EWHC 1764 (TCC)
Case No: HT-2023-000321
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
TECHNOLOGY AND CONSTRUCTION COURT (KBD)
Royal Courts of Justice
Rolls Building, Fetter Lane,
London EC4A 1NL
Date: 11 July 2025
Before :
MR JUSTICE CONSTABLE
Between :
PHAROS OFFSHORE GROUP LIMITED | Claimant |
- and - | |
KEYNVOR MORLIFT LIMITED | Defendant |
Dermot Woolgar (instructed by Watson Farley & Williams LLP) for the Claimant
Thomas Macey-Dare KC (instructed by Holman Fenwick Willan LLP) for the Defendant
Hearing dates: 9-12 and 19 June 2025
JUDGMENT
This judgment was handed down by the Judge remotely by circulation to the parties'
representatives by email and release to The National Archives. The date and time for
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- hand-down is deemed to be 10.30 on the 11 th of July 2025
- B The Factual and Expert Witness Evidence
- Factual Chronology up to Sailaway of the Susanne A
- D. The Contract
- The Proper Approach to Construction
- Daily Charges for more than 10 days
- Daily Charges for more than 7 personnel per day
- Personnel mobilisation and expenses for more than 7 personnel
- Daily charges for personnel prior to the arrival of the UTV-670
- Daily charges during periods of breakdown
- Daily charges for waiting on weather
- Application of LADs
- The Mobilisation Date
- D. Did Pharos deliver to the UTV-670 to Esbjerg with reasonable skill and care and/or within a reasonable time for the purposes of mobilisation?
- E. The Embedment Works: The Causes of Downtime
- Weather Downtime
- Tidal Downtime
- Seabed Condition Downtime
- Technical and Operational/Tool Downtime
- E. KML’s Allegations of Breach
- Supply of the UTV-670 unable to cope with seabed gradients
- The associated equipment, deck layout and personnel
- F. What was a reasonable time for carrying out the Embedment Works?
- G. Quantification of Pharos’ Claim
- Section 25
- Equipment spread costs
- Personnel costs (excluding expenses)
- Personnel daily expenses
- Transportation of the UTV-670 and other equipment
- Transportation (flights) for personnel/employee
- H. Quantification of KML’s Counterclaim
- Conclusions