UK Supreme Court rejects “deemed fulfilment” principle

26 January 2026

King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2025] UKSC 39

In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors, the UK Supreme Court held that the “deemed fulfilment” principle from Mackay v Dick (1881) 6 App Cas 251 (“Mackay v Dick”) is not part of English law. In Mackay v Dick, Lord Watson indicated that there was a principle of law that, where a party wrongfully prevented the fulfilment of a condition precedent (i.e. a pre-condition) to that party’s debt obligation (e.g. as in that case, the duty to pay for goods being bought), that condition was treated as being fulfilled.

To read this article, which considers the UK Supreme Court decision and the position in Singapore, click here.