Skanska Rasleigh Weatherfoil v Somerfield Stores Ltd

Skanska Rasleigh Weatherfoil v Somerfield Stores Ltd

Only those terms of the June 2000 FMA necessary to define the Services were incorporated into the August 2000 Contract, which continued in force after 21 January 2001; no binding agreement on 'timing out' or settlement was reached prior to execution of a formal contract.

Parties
Claimant: Skanska Rasleigh Weatherfoil; Defendant: Somerfield Stores Ltd.
Jurisdiction
England and Wales
Judgment Date
28 April 2006
Procedural Posture
Commercial Contract Dispute / Trial of Preliminary Issues
Outcome
Declaration of contractual status and rejection of binding 'timing out' and settlement agreements
Legal Topics
Contract Formation, Interim Agreements, Incorporation of Terms, Estoppel, Settlement Agreements
Contract Law Commercial Law Contract Formation Interim Agreements Incorporation of Terms Estoppel Settlement Agreements

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Parties

Skanska Rasleigh Weatherfoil

Claimant

Somerfield Stores Ltd.

Defendant

Procedural Posture

Commercial Contract Dispute / Trial of Preliminary Issues

Legal Issues

  1. 1 Extent of incorporation of draft Facilities Management Agreement terms into August 2000 Contract
  2. 2 Whether August 2000 Contract continued after 21 January 2001
  3. 3 Existence of binding agreement on 'timing out' of invoices

Ratio Decidendi

Only those terms of the June 2000 FMA necessary to define the Services were incorporated into the August 2000 Contract, which continued in force after 21 January 2001; no binding agreement on 'timing out' or settlement was reached prior to execution of a formal contract.

Court Disposition

Declaration of contractual status and rejection of binding 'timing out' and settlement agreements

Orders

  • The August 2000 Contract continued in force after 21 January 2001.
  • Only limited terms of the June 2000 FMA were incorporated.