DOI: 10.7590/187714626x17870562306490 ISSN: 1877-1467

King Crude Carriers SA and others (Appellants) versus Ridgbury November LLC and others (Respondents), [2025] UKSC 39

Nick Margetson

This case note is a descriptive discussion of a judgment of the UK Supreme Court of 12 November 2025. It concerns the question whether the principle of law formed in the decision of the House of Lords in the Scottish case of Mackay v Dick (1881) App Cas 251 is part of English law. The Mackay v Dick principle is a principle of Scots law that, where a party wrongfully prevents the fulfilment of a condition precedent to that party’s debt obligation, that condition is treated as being fulfilled. The status of that ‘deemed fulfilment’ principle has long been a matter of debate. In its judgment of 12 November 2025 the UK Supreme Court held that the Mackay v Dick principle of law is not part of English law.