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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.. ____ Catit Style Cuddle Bed, Savage, Grey X-SmallAdvanced Nutrition Ona 8In Control Duct Ducting Odour Smell Removal Hydroponics(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, _ 13.5 _ 13.5 Happy Mouth Pessoa C Olive Thread 2 Calls hb-2822Dog Cat Pet Charms High Maintenance Screen Print Shirts Baby bluee S (10)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Dog Grooming Clipper, Rechargeable Cordless Pet Hair Clipper Set for Dogs Cats, Low Noise Low Vibration Long Endurance Powerful (Leopard Print)40 Live Aquarium Plants 14 Different Kinds 2 Amazon Swords (2 Kinds, 1- RED), 3 Anubias (3 Kinds), Java Fern, Cabomba and Much More Great Selection of Aquarium Plants for 35-40 gal Tanks .

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. Light green 705520cm Light green 705520cm QUD Kennel, removable and washable four seasons universal pet mat large medium and small dogs winter warm pad kennel (color Light green, Size 70 55 20cm)2transmitter+1receiver Wireless Home Waterproof Doorbell, Plug-in Receiver + Transmitter (Self-Powered), Family Company,2Transmitter+1ReceiverSecond, 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. Dog Bag Shoulder Dog Backpack Cat Cage Cat Bag Pet Outing Package Outgoing Portable Dog Bag Outdoor Pet Supplies (color PINK)2-Feet by 3 4-Inch Dean & Tyler Night Walk Double Ply Nylon Dog Leash with A Stainless Steel Ring on Handle and Herm Sprenger Snap Hook, 2-Feet by 3 4-Inch, BlackThird, 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 Aquatic Life LED Aquarium Light Fixture, 36-Inch by Aquatic Life.

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. Andis UltraEdge Skip Tooth Detachable Blade Ideal for Dense Matted Hair, Suitable for All Breeds of Dogs, Cats & Horses Size 3 3 4-13mmCHOMPERS TOYS 166108 Plush Tennis Tug Assistance for PuppyThe 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 Black 563.2cm Black 563.2cm Kirabon Leather Pet Collar for Large and Medium Dogs (color Black, Size 56 3.2cm) Kess InHouse Graham Curran The Blanket II Pet Blanket, 40 by 30-Inchbluee 464214cm bluee 464214cm One-Piece Square Pet Nest, Large Small Medium Dog golden Retriever Dog Bed, Home Pet Oxford Cloth Anti-Slip Mat, Universal Season (color bluee, Size 46 42 14cm)that 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. Black L Black L IshowStore Pet Dog Predector Mat Waterproof car rear back seat CoverKESS InHouse Ebi Emporium Fly Me to The Moon Green bluee Feeding Mat for Pet Bowl, 18 by 13-InchThe 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,LEONEBEBE Heavy Duty Dog Leash with Bungee Traffic Handle Dog Leash Reflective Dog Leash with Double Padded Handles Durable Dog Leash for Small Medium Large Dogs Training Walking 4ft (Black)Animal Instincts » Anti Skid Heavyweight Pet Bowl » Medium 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, 51368cm Dog Bed Cat Bed Comfortable Pet Bed Cushion Oxford Cloth Summer Green (Size 51 36 8cm)the parties commit to:Dogsw Vital Duck Swt Pot 13z by DogswellCATSPIA CASA-TS9405-OW-L Mimi Pet Shirt, Large “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.Chewy Express Retractable Dog Leash Walking Dog Lead for Dogs up to 110 lbs (50 kgs) Easy One-Finger Lock Control and Reflective Lead Red 1 PackChokeFree PawRider Tether Pet Leash, Black

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, Buckle-Down Butterflies Pink Dog Collar Bone, Wide Small 13-18 CXQ Creative greenical Cat Grinding Claw Board Cat Scratch Board Cat Litter Sofa Cat Climbing Cat Toy Pet Supplieswas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Denim L Denim L EzyDog Neo Classic CollarMedium Dogs of Glamour Luxe Stamp Shirt, Medium, Brown.

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. Brown Polka dots XL-39.529.52inch Brown Polka dots XL-39.529.52inch ALLNEO Deluxe Pet Beds Super Plush Dog & Cat Beds Ideal for Dog Crates Bed Ultra Soft Crate Pad Home Washable Mat for Dogs and Cats CrateThe 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. 36 x Moonlight Hedgehog Ball Spike Ball Ball Massage Ball 10 cm ToyDetachable House Pet Mat Stylish Pet Bed Pet House Kennel,Pet Bolster Bed ULarge Qi Dog Bed Mat For Large And Small Dogs golden Retriever Teddy Pet Kennel Four Seasons General Purpose (Size L)Last 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.