‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’
Gatehouse Chambers, 7th August 2024
Source: gatehouselaw.co.uk
