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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 M red M longing-summer Dog Beds For Large Dogs Dog House Camas Para Perros Grandes Bed Washable Pet Blanket Cooling Mat Sofa Kennel,Red,M 66cm54cm16cmRED M RED M Mosnai Dog Coat Jacket Polar Fleece Lined with Reflective Sewing Coat for Large Medium Small Dog Outside Sport(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 M Red M Pet Carrier, Portable Soft Fabric Pet Carrier Folding Dog Cat Puppy Travel Transport Bag (color Red, Size M)Red M Red M PETFDH Oxford Pet Dog Carrier Car Back Seat Pad Mat Hanging Bed for Dog Puppy Cat Waterproof Cat Puppy Travel Predector Pet Products Red Mparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Red M Red M Rolled Dog Leash Pet Training Walking Leads Braided Dogs Rope 5 8 Diameter for Medium Large Dogs 48 Length Red MRed M Red M USB Rechargeable LED Dog Collar Cado Pet Night Safety Retractable Collar with 3 Size and 3 colors (M,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 M Red M YAMEIJIA Pet pie-shaped dog pad removable and washable cat litter medium dog pad kennel M, LRED M(52-60cm) RED M(52-60cm) Dog Vest Harness, Safety Belt Buffer Chest Strap+Leash Two-Piece Strap Outdoor Training Reflective Adjustable for Small Medium Teddy Rope Cat Harness (color RED, Size M(52-60cm))Second, 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 M 11.4-15'',7 8''width Red M 11.4-15'',7 8''width SLZZ Braided Soft Padded Leather Dog Collars Gleaming Rhinestone Crown & Stylish Braided Heavy Duty Dog Collar for Small Medium Large Dog Breeds Red,MRed MC.PIG Pet Folding Stroller Large Pet Stroller Large Dog Dog Stroller Folding Large Space Bearing 55KG Outing (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 Medium Red Medium Green Jaguar Mesh Led Light Dog Collar Rechargeable (Medium, 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 Medium Red Medium Morezi Reversible Cold Weather Dog Warm Vest Jacket Coat,Pet Winter Clothes for Small Medium Large Dogs Red MediumRed Medium Red Medium Pet Out Transport Backpack, Cat\Dog's Travel Backpack, Easy to Use, Soft and Comfortable Mesh Ventilation,Red,MThe 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 Medium Red Medium Small and Medium Dog and Cat Bed Pet Sofa, Cashmere, Suitable for Small and Medium Cats and Dogs, Sleep With Wool and Suede, Detachable and Washable, Available In Three colors RED S RED S SENERY Luxury Pet Dog Cat Sofa,Large Warm Cotton Washable Bed Mat for PetRed S L Red S L Plush Dog Bed, Fully Washable, Extremely Soft and Comfortable,Red,S Lthat 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 Medium Red Medium Winter Dog Clothes, Thick Warm Pet Cotton Coat(S,M,L),Red,MRed Men's Plaid Shirt Short Sleeve Cotton Casual Shirts Regular Fit Lapel,Purple,XXLThe 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 MSNDD Pet Trolley Small Portable Pet Trolley Dog Trolley Foldable Cat and Dog General Trolley(Three-Wheels) (color Red)Red Ninja Oil. Red Palm Oil Supplement for Horses. Maximizes Endurance, Intensity and Energy. Supports Healthy Skin and Coat. Helps Regulate Blood Pressure. 64 fl Ounces. 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 Pet Bath, Pet Swimming Pool Portable Foldable Pool Dogs Cats Bathing Tub Bathtub Wash Tub Water Pond Pool,Redthe parties commit to:Red Small Red Small Mirage Pet Products Trump in 2016 Election Screen Print Shirts, Small, RedRed Small red Small Ruffwear Omnijore Joring System, Small, Red Currant “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 Pet Clothes Dog Clothes Teddy Clothes Autumn and Winter Clothes Puppy pet VIP Four-Legged Clothes (color RED)Red Pet Online Pet Collar pu Material Petal Decorative Dog collarred

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 Souliyan Retractable Leash 360° Tangle-Free Lightweight Dog Leash with One-Handed Brake Pause Lock for Small Dogs Cats Small Animals (color Red)Red The 1 for U UU Backpacks Pet Pack Outdoor Portable Dog Pack Cat Pack Pet Carrier (color RED)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Red Pet Stroller Dog Stroller Foldable Washable Split Pet Carrier Teddy Kennel Pet House (color Red)RED Pet supplies convenient travel bag 40.5CM22CM19CM Cat Bag Pet Backpack Cat And Dog Universal Out Convenient Travel Bag XIAHE.

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 US Red US Electric Horse Sheep Shears Charging Shearing Clippers for Shaving,Red,USThe 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 Waterproof Durable Nylon Solid Pet Dog Leash Rope with BagRed Pet Trolley Pet Dogs and Cats Travel Stroller Jogger Stroller Tricycle Trolley Puppy (color Red)Red Plaid XXL Red Plaid XXL Alfie Pet by Petoga Couture Candace Soft Recovery Collar (for Dogs and Cats) color RedPlaid, Size XXLLast 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.