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American seamen have three avenues of recovery against a shipowner in respect of injuries sustained on board a ship: maintenance and cure; the Jones Act; a claim of unseaworthiness.

Punitive damages are available for the first of these, but not the second. The position as regards unseaworthiness was, until recently, unclear with a Circuit split on the issue. This has now been resolved by the Supreme Court’s decision in Dutra Group v Batterton ,588- U.S.. ____ Red OWIKAR Pet Foldable Tent Playpen Portable Dog Fence Kennel Cage Crate Exercise Removable 8-Panel Kennel Mesh Shade Cover Indoor Outdoor for Puppy Cats and Animals (Red)Red Pengfeng Retractable Dog Leash, 10 ft Dog Walking Leash for Medium Large Dogs up to 70lbs, Tangle Free, One Button Break & Lock(2019) , to the effect that punitive damages are not recoverable. The  overwhelming historical evidence was against such damages being available in an action for unseaworthiness. A  novel remedy could not be sanctioned unless it is re­quired to maintain uniformity with Congress’s clearly expressed poli­cies, RED Pet Backpack Pet Outing Bag Portable Pet Bag Breathable Pet Backpack (color RED)RED Pet Bed Cat Villa House Villa Nest Small Dog Pet Nest Kennel Hamburger Cat Litter A+ (color RED)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Red Pet Carrier Bag,Soft Fabric Pet Carrier Pet Carry Travel Shoulder Bag with Mesh Windows,for Car Bike Travelling,RedRED Pet Dog Squeak Toy Cotton Linen Cute Shape Teeth Clean Toys Molars Sound Dog Toys for Small Medium Dog Cat (color RED).

To allow punitive damages on unseaworthiness claims would create bizarre disparities in the law. First, a mariner could make a claim for punitive damages if he was injured onboard a ship, but his estate would lose the right to seek punitivedamages in a wrongful death action if he died from his injuries. RED Pet Nest Dog Bed Winter Kennel Mat Cat Nest Warm Soft Dog Bed, Pet Nest Personalized (color RED)Red Pet Shaver Dog Clipper Rechargeable Large Dog Universal Clipper with Beauty ToolsSecond, because unseaworthi­ness claims run against the owner of the vessel, the owner could be liable for punitive damages while the ship’s master or operator—who could be more culpable—would not be liable for such damages under the Jones Act. Red Pet Stroller Dog Cart Foldable Four Wheels Trolley Suspension Reversal Cat and Dog Stroller Large Pet Travel Supplies Outdoor Breathable Trolley Small and Medium Pets,RedRED Pet Stroller Large Stroller Travel Giant Injured Dog Multiple are Suitable for Detachable (color RED)Third, allowing punitive damages would place Amer­ican shippers at a significant competitive disadvantage and discour­age foreign-owned vessels from employing American seamen

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It’s not often that we can say “You read it first on the IISTL blog.” But it seems we may be able to, following the decision of the Court of Appeal (Males, Rose and Haddon-Cave L.JJ.) in Red Pets Leash for Dog Medium Large Retractable Elastic Strong Nylon Ribbon Shock Absorbing Lasso Traction Rope Training Walking Lead2.5Cm60Cm,Red.

The facts briefly recap thus. A charterer signed a CoA promising to come up with vast cargoes of Brazilian iron ore that would have netted the shipowner profits of something like $20 million. It didn’t, and in hindsight it was abundantly clear that it it never could have. Red Plastic Flowers Tree Aquarium Fish Tank Landscape Decor w Ceramic BaseRed Portable Pet Backpack Cat Carrier Travel Bag Space Capsule Bubble Transparent Dog Puppy Carrier Breathable for Travel, Hiking, Walking Outdoor UseThe contract was subject to a force majeure clause including floods preventing performance. Floods duly materialised; but (as was held both at first instance and on appeal) the charterer couldn’t invoke the clause, since if it had never had any cargoes in the first place the floods hadn’t prevented it doing anything. Nevertheless Teare J Red QARYYQ 2-step pet stair small dog cat sofa cushion 48×40×20cm Pet Stairs (color Red) Red Tough 1 Ice BootRed US Red US Sheep Shears Electric Shearing Clippers with 2 Blades,Red,USthat even though there was breach the damages were not $20 million, but zilch (or rather nominal). His argument was that, hindsight having shown that the shipowner wouldn’t have had a right to performance even if the cargoes had been there, the value of the lost rights was zero.

We raised an eyebrow here at the idea that a defendant who hadn’t, and never could have, performed should be able to cut damages from $20 million to zero by pointing to a force majeure clause that might have protected him but in fact didn’t. Red rentongye Pet Potty Urinal, Dog Toilet Easy To Clean And Hygienic, Odorless And Corrosion Resistant, Avoid Bacterial Growth Suitable For Small DogsRed S 60×45.5×16cm Red S 60×45.5×16cm Qz Elevated Pet Bed Portable Waterproof Dog Beds, Outdoor Travel, Black Metal Frame, Oxford Cloth (color RED, Size S 60×45.5×16cm)The Court of Appeal has now made it clear that it thinks the same way, and substituted an award of $20 million. If (it was said) a claimant showed that a defendant had failed to perform and the defendant could not invoke any exculpatory provision, there was no reason why damages should not be substantial. The reasons behind the non-performance were irrelevant,Red S Red S Cat Dog Carrier Travel Backpack Solid Portable Breathable ,Front Backpack Pet Baskets , Legs Out, Easy-Fit for Traveling Hiking Camping (color Red, Size S)RED S RED S Dog Teepee, Portable Canvas Pet Teepee Tent Foldable Cat Bed Dog Puppy House Four Seasons Universal Dog Tent Nest (color RED, Size S) as was the fact that had the defendant been able to perform in the first place he would have had an excuse.

In our view, despite the beguiling advocacy of the Institute’s own Simon Rainey QC, this is sensible and logical. Males LJ hit the nail on the head at [89] when he pithily pointed out that the breach was not inability or unwillingness to supply cargoes, but the simple fact that the cargoes, for whatever reason, were not there. Put that way, everything neatly falls into place. If you don’t perform your contract and can’t point to any excuse, you are liable for substantial damages. End of story.

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Last year we reported on two judicial review challenges to government policy on climate change, one in the Netherlands, the other in the UK.

The Netherlands challenge brought by Urgenda resulted in an order that that the Netherlands State be ordered to achieve a reduction so that the cumulative volume of Netherlands greenhouse gas emissions would be reduced at least by 25%, by the end of 2020, relative to 1990 levels. The Netherlands State appealed against the order and the Dutch Supreme Court heard the case on 24 May 2019 and a judgment is expected over the summer.

The UK challenge was brought by Plan B and sought judicial review of the UK government’s decision not to amend the 2050 target in the Climate Change Act 2008 in the light of article 2(1) (a) the 2015 Paris Agreement on Climate Change, which the UK has ratified, RED S RED S Pet Bed PP Cotton Pad Waterproof Non-Slip Moisture-Proof Comfortable Breathable Soft Non-Sticky Multi-color Optional Pet Bed (color RED, Size S)the parties commit to:Red XL Red XL TTshonf Autumn Winter Washable Soft Pet Dog Bed Warm Plush Cushion Puppy Cat Kennel Nest Red XLRed XLarge red XLarge iNap Elevated Pet Dog Cot Bed with Canopy Orthopedic Steel Frame Design (XLarge, Red) “Holding the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels, recognising that this would significantly reduce the risks and impacts of climate change.” The challenge failed and leave to appeal was rejected earlier this year.RED S RED S Puppy, Kitten, Girdle, Leash, Dog Chain, Collar, Small Dog, Teddy, Hyena Rope, Cat, Pet Supplies (color RED, Size S)Red S Red S YAODHAOD Dog Plaid Shirt, Pet Fashion Plaid Shirt Pet Dog Clothes, Cat Plaid Clothes Shirt (S, Red)

Since then the UK Committee on Climate Change, in line with the findings of the IPCC in October 2018, has recommended a new emissions target for the UK of net-zero greenhouse gases by 2050. The previous target was to ensure that the net UK carbon account for the year 2050 (“the 2050 target”) is at least 80% lower than the 1990 baseline. This week a statutory instrument, the Climate Change Act 2008 (2050 Target Amendment) Order 2019, Red XS Red XS Fashion Small Pet Transparent Outdoor Bag Portable Carrier Bag XS-L(Red)Red X-Small Red X-Small Female Dog Nappies, Reusable Dog Diapers (3-Pack), Washable Cover Up Panties, Adjustable Hygiene Diapers Suitable Medium to Large Women Girl in Heat Season,Red,XSwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Red S-4535cm Red S-4535cm Kennel Removable Dog Kennel Small Dog golden Hair Medium Large Pet Supplies Winter Warm Small Home Large pet nest (color Red, Size S-45 35cm)Red Sea Iodine I2 Pro Test Kit for Aquarium-50 Tests.

This is a ‘net’ figure, which allows for the ability to use international carbon credits to offset emissions within an appropriate monitoring, reporting and verification framework. In addition, under s.30(1) of the Act emissions from international aviation and shipping do not count as emissions from sources in the UK. Red XXL 18.5\ Red XXL 18.5\ Vivi Bear Winter Dogs Jacket Coat Cold Weather Rainy Day Warm Waterproof Padded Anti-static Fleece Safety Jacket Dress For Pets From XS to XXXL Sizes4colors (XXL 18.5 Length18.9 Neck26.8-31.5 Chest, Red)The Government have said that they will review the ‘net zero’ target within 5 years to check that other countries are following suit, and, if not, reserve the right to revert to the original 80% target.

To stabilise at 1.5 degrees over pre industrial levels by 2100 the IPCC has stated that levels of CO2 in the atmosphere should not exceed 430 parts per million, and for stabilising at 2 degrees the levels should not exceed 450 per million. Red Yajie-pet, Soft Thicken Pet Chest Suspenders Dog Traction Rope, Size L (60-75cm) ( color Red )Red Sea Reef Foundation B Buffer Supplement 5 Litre.Red Size 14 Red Size 14 Mirage Pet Products 633-11 RD14 Pink Glitter Bow Widget Dog Collar Red Ice Cream, Size 14Last month a reading at a weather station in Hawaii recorded 415 parts per million of CO2 in the atmosphere. The current annual rate of increase is in the order of 3 parts per million.