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Skanska Rashleigh Weatherfoil Ltd v Somerfield Stores Ltd [2006] ABC.L.R. 11/22 - page 5 / 5

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Skanska Rashleigh Weatherfoil Ltd v Somerfield Stores Ltd [2006] ABC.L.R. 11/22

34.

Accordingly, for my part I would allow the appeal and remit the matter to the judge in order for him to decide, if the parties are unable to agree, as to which of the terms of the June FMA do not apply to the temporary arrangement.

LORD JUSTICE RICHARDS:

35.

I agree.

LORD JUSTICE LEVESON:

36.

I agree both with the reasons and conclusions of my Lord, Lord Justice Neuberger, and his proposal for the disposal of this appeal.

Order: Appeal allowed.

MR J NICHOLSON QC & MR A HUGHES QC (instructed by Messrs Clarke Willmott) appeared on behalf of the Appellant. MR S DENNISON QC & MS S CHENG (instructed by Skanska UK plc Legal Department) appeared on behalf of the Respondent.

Arbitration, Building & Construction Law Reports. Typeset by NADR. Crown Copyright reserved. [2006] EWCA Civ 1732

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