MS Amlin Marine NV (respondent) v King Trader Ltd & ors (appellants)
Tuesday 21 October 2025
By an Appellant’s Notice, filed on 20 September 2024, the Appellants appeal the Order dated 30 July 2024 of Mr Justice Foxton sitting as a High Court Judge in the Commercial Court in which the Judge held there was a “pay first” or “pay to be paid” clause and made a costs order.
The Claimant Ms Amlin Marine NV is the Respondent to the appeal. The three Defendants are (1) King Trader Limited (2) Bintan Mining Corporation (3) The Korea Shipowner’s Mutual Protection & Indemnity Association. The First and Third Defendants are the Appellants.
The dispute relates to whether Clause 30.13 was incorporated in the marine insurance issued by the Claimant regarding their liability.
The First and Third Defendants were owed $47 million by the Second Defendant for grounding a bulk carrier called “SOLOMON TRADER” in the Solomon Islands in February 2018 which led to losses.
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