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

Personnel costs (excluding expenses)

To the same 51 day period, should be added one day for mobilisation. The amount calculated by reference to Tab 5 of the Master Spreadsheet (‘D’s position C’s Inv (Daily)), column E (Pharos Personnel, total calculated by actual number of personnel pro-rated to £4,550) from 19 June 2022 to 9 August 2022 inclusive is £308,100. This could be said to overstate the entitlement because in reality, it can be seen from the spreadsheet that the number of personnel dropped by 2 during the last 7 days (e.g. towards end of works and for the post burial survey). The costs claimed by reference to the Adjusted Counterfactual should reflect the same reduction (which the actual figures for the period leading up to 9 August 2022 obviously do not reflect). I therefore deduct 2 x 7 x £650 from the figure above (£308,100-£9,100): £299,000 ex VAT.

For the reasons set out at paragraph 79 above, I do not allow the claim for payment for personnel deployment prior to one day before 20 June 2022.