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UK commercial law weekly update: contract judgments, ASA ruling, ICO enforcement consultation, HMRC customs guidance and Russian sanctions advice—6 November 2025

Published on: 06 November 2025

Published by a LexisNexis Commercial expert
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Advertising, marketing and sponsorship

ASA rulings—5 November 2025

The Advertising Standards Authority (ASA) received a single complaint about advertising by On The Beach Ltd, which stated that customers booking particular holidays would be given free access to airport lounges. The ASA upheld the complaint. See: LNB News 05/11/2025 27...

Contracts

Ms Amlin Marine NV (on behalf of Ms Amlin Syndicate AML/2001) v King Trader Ltd [2025] EWCA Civ 1387

The Court of Appeal (Civil Division) dismissed the appellants’ challenge and confirmed that a ‘pay first’ clause in a marine insurance policy was enforceable against the Charterer. The policy had been issued by MS Amlin Marine NV to Bintan Mining Corporation (the Charterer), which had chartered the vessel Solomon Trader from King Trading Ltd (the Owner). Following the vessel’s grounding in the Solomon Islands, arbitration awards totalling over US$47m were made against the now-insolvent Charterer. The insurer sought declarations that its ‘pay first’ term—requiring the insured to satisfy liabilities before seeking indemnity—was effective and survived transfer of...

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