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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.. ____ Dog Brush and Cat Brush, Hair Removal Brush Dog Hair and Cat Hair Removal Tool Effective Beauty Tools and Reduced pet Hair shed up to 95%, The Best Beauty ToolsDean & Tyler New DT FUN Dog Harness With Padded Chest Piece With 3 Straps, Yellow Trim Size Medium (Will Fit 71cm 86cm) with I AM A BOY Velcro Patches, Black White(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, Kennel Pads Dog Beds Flannel Dog Bed, Durable Non-Skid Waterproof Pet nest Removable Cover Wear Resistant-B XXL Cat Bed Pet Supplies Cover3X5m Tarpaulin Transparent Polyethylene PE Waterproof Windproof Greenhouse Garden Agriculture Tarp (Size 3X5m)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.J.C. Quarter Horse UJSBL Uncle Jimmys Squeezy Buns 1.4kgA Large A Large Elevated Raised Double Cat Bowls, Pet Feeder Solid Bamboo Stand Stainless Steel &Ceramic Double Pet Bowl,Suitable for Cats Dog.

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. 4 Hornwort Bunch 5+ Stems Ceratophyllum Demersum Beginner Tropical Live Aquarium PlantKalahari brown Small Kalahari brown Small P.L.A.Y. 817152011941 Pet Lifestyle and You Kalahari Brown Lounge Bed, Eco Friendly 100-Percent Cotton Cover, and Eco Friendly Fill SmallSecond, 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. Dean & Tyler Fun Harness, Ron Paul 2012, Black with Yellow Trim, Medium, Fits Girth Size 28-Inch to 34-InchKnight Pet Runtzees Latex bluee Monkey ToyThird, 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 Chew & Chew Smoked Bully Bone, 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. DIYthinker British Bus London Eyes Big Ben UK Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftDog Cat Pet Charms Scribble Happy Holidays Screenprint Shirts Purple S (10)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 2 in 1 Sheding Brush,Pin Brush Pet Hair Removal Brush for Dog and Cat Green Kennel Pads Dog Beds Cat Hammock Breathable Two-Sided cat mat cat Litter Hanging Bed pet Hanging mat Cat Bed Pet Supplies Cover (color Green)Large PetSafe Aluminium Wall Entry Pet Doors, Largethat 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. FXQIN Dog Hair Dryer Pet Grooming Blower Noise Reduction & Adjustable Speed, With Heater 3 Nozzles (bluee)Green Red 115 cm Green Red 115 cm Horseware Rambo The Original 0g Lightweight Turnout RugThe 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,Large TRE Multipurpose Canvas Dog Mat Soft Kennel Cat Nest Square Dog Bed Detachable Washable Dirt Resistant Bite Resistance Khaki 4 SizesKESS InHouse Claire Day Simmer Red White Dog Bed, 50 x 40 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, 4535CM Pet Supplies Kennel Washable Summer pet nest Dual-use pet Bed cat Litter pet matthe parties commit to:Auto Accessories Flax Car Seat Cushion Seat Cover Seat Four Seasons General Surrounded by A Five Seat-Beige, Pink, AM 51×36×8cm LXLA Cooling Pet Bed, Pet Sleeping Mat Ice Dogs Cats Kennel Cage, Keeping Pets Cool for Summer (Size M 51×36×8cm) “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.1\ Buckle-Down DC-WDS001-L DSA Minion Dave Face Close Dog Collar, Large 15-26 GREEN NYDZDM Plastic Pet Feeder Anti Choke Dog Bowl Puppy Cat Slow Down Eatting Feeder Healthy Diet Dish Jungle Design, Pink bluee Green (color Green)

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, Hartman & pink 1180 Belmont Dog Collar, 14 to 16-Inch, Cobalt blueeJapanese Kimono Bow Tie Cat Collar (Purple)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.KER EQUIVIT EO 3 18.93LTR (AKEO318)B Xiao Jian Pet Nest Lace Teddy Small Dog golden Retriever Puppy Cat Winter Warmer Bear Bear VIP Pillow Detachable Dog Cat Pet Bag 53X28X26(cm) pet Bed (color B).

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 28.239.759.7cm Brown 28.239.759.7cm Cat Caves & Houses Cat House Corrugated Cat Scratch Board Triangle Cat Climbing Frame Cat Tree Claw Jumping Cat Supplies (color Brown, Size 28.2 39.7 59.7cm)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. 1 Dog System Wireless 1 Dog System Wireless FidgetKute Wireless Rechargeable 1-2-3 Dog Fence No-Wire Pet Containment System Waterproof 1 Dog System WirelessANDRE HOME Cat Bowl Cute Handle Art Ceramic Bowl Cat Food Dog Food Bowl Pet SuppliesBrown-B M Brown-B M RONGXIN Pet Breathable Mesh Travel Backpack Pet Chest Backpack Line Stand M-38 21 28 Cm (six colors)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.