Skanska Rashleigh Weatherfoil Ltd v Somerfield Stores Ltd

Skanska Rashleigh Weatherfoil Ltd v Somerfield Stores Ltd

The temporary arrangement incorporated all terms of the June FMA except those inconsistent with the August letter or the short-term nature of the agreement; the natural meaning of 'provide the services under the terms of the contract' in paragraph 5 of the August letter supports this interpretation.

Parties
Claimant/respondent: Skanska Rashleigh Weatherfoil Ltd; Defendant/appellant: Somerfield Stores Ltd
Jurisdiction
England and Wales
Judgment Date
22 November 2006
Procedural Posture
Civil Appeal / Appeal From High Court Preliminary Ruling
Outcome
Appeal allowed
Legal Topics
Interpretation of Contract Terms, Incorporation of Contractual Provisions, Temporary Agreements
Contract Law Interpretation of Contract Terms Incorporation of Contractual Provisions Temporary Agreements

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Parties

Skanska Rashleigh Weatherfoil Ltd

Claimant/respondent

Somerfield Stores Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Preliminary Ruling

Legal Issues

  1. 1 Whether the temporary arrangement incorporated all or only some terms of the June FMA into the August letter contract

Ratio Decidendi

The temporary arrangement incorporated all terms of the June FMA except those inconsistent with the August letter or the short-term nature of the agreement; the natural meaning of 'provide the services under the terms of the contract' in paragraph 5 of the August letter supports this interpretation.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the judge to decide which terms of the June FMA do not apply to the temporary arrangement if parties cannot agree