MS Amlin Marine NV v King Trader Ltd and Others [2024] EWHC 1813 (Comm)

The pay-to-be-paid clause

In this case the High Court confirmed that in the context of marine insurance, third parties were prevented by a "pay-to-be-paid" clause from bringing a claim against insurers under a charterers' liability insurance. The decision affirms that under the Third Parties (Rights Against Insurers) Act 2010 and case law, "pay-to-be-paid" clauses are a recognised and well-established element of marine insurance. An appeal from the decision of Foxton J is awaiting a hearing by 22 December 2025.