Reported Cases

Adyard Abu Dhabi v SDS Marine Services   [2011]  BLR 384, 136 Con LR 190, (2011) 27 Const. LJ 594

Nature of case:

In Adyard Abu Dhabi v SDS Marine Services, the Commercial Court had to determine whether SDS could rescind two shipbuilding contracts and reclaim the sums it had paid to Adyard. Adyard had commenced proceedings, arguing that SDS could not rescind, as SDS had caused delays to the project.

Adyard cited the prevention principle: the principle that SDS could not rely on the consequences of its own default, when rescinding the contracts. The court found against Adyard in that respect, but went to look at whether Adyard had proved that SDS caused the delay to the project in any event. In doing so, the court considered the judgments of Lord Carloway and Lord Osborne in the Scottish appellate decision in City Inn v Shepherd. This post focuses on those causation issues.

Link to Judgment 

Please click here to read more


Adam Constable QC and Lucy Garrett

Back to Reported Cases

All images on this web site are illustrative only and their use is not intended to imply anything other than artistic license.  |  Legal Notice  |  Developed by 3internet

Keating Chambers Service Company Ltd. 15 Essex Street, London, WC2R 3AA. Tel: +44 20 7544 2600 Company No. 05161157. Registered in England and Wales.