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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.. ____ DIYthinker Dominican Republic National Emblem Country Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftDr. Becker's Joint Tendon Solutions Shaker(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, 17\ Super-comfy Deeper seat GP Saddle Synthetic CHANGEABLE GULLET BLACK800 GPH Circulation Pump Wave Maker Aquarium Reef Powerhead Suction Cup Mount (Only ship to USA) by Sun Microsystemsparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Coffee XL coffee XL MESASA Fleece Cold Weather Dog Vest for Small Dogs (XL, coffee)KenAg Breakproof Sock Box of 50 3 X 23 3 8 Tan.

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. ANDRE pet supplies Cat Sleeping Bag Semi-closed Bed Small Pet House Cat House Kennel Keep Warm Pet Supplies Pet BedDIYthinker Halloween Round Lifelike Skull Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftSecond, 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. Carhartt Pet Blanket 59.5 x45.5 Carhartt Brown Reversible Pet Blanket with Water Repellent CoatingHomyl Pack of 2, Extra Large Foldable Dog Pet Pool Bathing Tub Red (31.5 Inch X 11.81 Inch)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 FurHaven Pet Dog Bed Memory Foam Sherpa & Suede Mattress Pet Bed for Dogs & Cats, Clay, Large.

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. Black US7.5 EU38 UK5.5 CN38 Black US7.5 EU38 UK5.5 CN38 HSXZ Women's shoes Flocking Winter Fall Bootie Boots Chunky Heel Pointed Toe Booties Ankle Boots for Casual Brown BlackB 50x27cm B 50x27cm MIAOLIDP Shoulder Bag Adult Pet Backpack Dog Bag Pet Supplies Pet cat carrier (color B, Size 50x27cm)The 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 A Xs-(503815) cm A Xs-(503815) cm YunYilian Pet Bolster Dog Bed Comfort Cloth Cat Litter Dog mat pet Supplies Autumn and Winter Warm pet nest (color A, Size Xs-(50 38 15) cm) DIYthinker Igaueno Japaness City Name Red Sun Flag Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftBorange Parred Toy colorful Rope Bell Toys Bird Cage Toy for Playing Chewing Preening Small to Medium Birds Pack of 2 (Style B)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. Buckle-Down DLS-W30365 Leash Splitter-Circuit Board, 1 W-30 LMayatex Saddle Blanket 1338-2, Slate bluee Romantic bluee Fawn BlackThe 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,gold M gold M Pet Dog Multi-functional House Bed Puppy Kennel Warm Doggie Sofa Cat Nest Pad Kitten Mat S MCATSPIA Argyle Meow Sweater, Large, Purple 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, Buckle-Down Seatbelt Buckle Dog Collar Bullseye Stacked Black White Red 1 Wide Fits 11-17 Neck Mediumthe parties commit to:KESS InHouse Wildlife Africa 2 Brown Animals Dog Bed, 30 x 40 Bowsers Luxury Crate Cover, Small, Flamingo Bones “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.Hair Clipper Rechargeable Dog Hair Pusher Pet Clipper Electric Dog Clean BeautyFolding Pet Bag Pet Backpack Cat Bag

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, Dean & Tyler DT Works Harness Police K9 Pet Harness, Large, Fits Girth Size 34-Inch to 47-Inch, orange BlackDIYthinker Green Abstract Biology Fish Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Giftwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.bluee Puppy Self-Warming Sleep Zone Tent Make You Perfect Pet Beds Sofa Pet Sleeping Bag Suitable for Small Pets to Rest,blueeBuckle-Down DC-W30743-S Seatbelt Dog Collar, Small, Get in My Pants Weathered Black White.

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. Fluorescent green XL Fluorescent green XL Hongyushanghang Pet Dog Raincoat, Medium and Small Dogs, Fluorescent Green Clothes fine (color Fluorescent Green, Size XL)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. Black Small Black Small DALL Beds FS-362 Soft Waterproof PU Material Cats And Dogs Pet Bed Square Shape Four Seasons Universal Durable (color BLACK, Size S)3x6M Yang Shade netting- 95% 2m3mSun Mesh Shade Sunblock Shade Cloth UV Resistant Net with Strengthened Tape and Grommet (Size 3x6M)bluee Small bluee Small Deshedding Tool & Pet Grooming Brush-Silicone Handle-Small, Medium & Large Dogs, Cats-with Short to Long Hair-Helps Striping Finishing Deshedding (color bluee, Size Small)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.