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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.. ____ Uniqus Geyiren A5 HUD 3.5 inch Car Head Up Display with GPS System, Two Mode Display, Light Sensors, KM h MPH Speed, Compass, Speed Alarm(Black)Uniqus GSM GPRS GPS Positioning Tracker Real Time Positioning SMS APP Tracking Sound Alarm Monitoring for iOS Android(Black)(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, Uniqus HSC HSC-103 12-24V Car Charger Dual USB Adapter with Voltage Monitoring Wireless blueetooth MP3 2.4A Output Car Cigarette LighterUniqus Intelligent Charger with Earphone BT Headset Battery Voltage FM Frequency Alternately Displayed Car Charger Smart Diversion of USB Port Support Hands-Free Call & Dual USB Fast Chargingparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Uniqus JIEKAI 105 Full Face Helmet Electromobile Motorcycle Double Lens Predective Helmet, Size L(Red+Transparent)Uniqus JSD-520 Car MP3 Player with Remote Control, Support FM, BT, USB SD MMC.

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. Uniqus Leather Steering Wheel CoverUniqus Momo Car Modified 33.5cm Metal + ABS Racing Sport Horn Button Steering Wheel(Black)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. Uniqus Momo Vehicle Car Modified Racing Sport Horn Button Steering Wheel, Diameter 32cm (bluee)Uniqus Multifunctional Wireless blueetooth 5.2A 3 USB Ports Car Charger with Stereo HiFi FM Radio & LED Screen Charging Voltage Display & Hands-free Call Functions for Cars & Pickups & SUV & Smartphones & Tablets & PSP & PDA & GPS & MP3 & MP4 and other USThird, 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 Uniqus Racing Hydraulic Drift Handbrake greenical Lever with Long Handle Locking Device Brake Hydraulic Drift Brake Hand Hydraulic Drift Drive Brake Drift Racing Car Modification(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. Uniqus S07 Universal Full HD 1080P 16MP 2GB Hidden Vehicle Traveling Driving Recorder Car Camcorder DVR Digital Video Camera Voice Recorder, Support WiFi, APP FunctionUniqus Sparco Universal Car Gear Shift Knob Modified Car Gear Shift Knob Auto Transmission Shift Lever Knob Metal Gear Knobs(Red)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 Uniqus SUVPR DY-LG600S 600W DC 12V to AC 220V Pure Sine Wave Car Power Ingreener with Universal Power Socket Uxcell Xmas Costume Party Santa Angel Wing Dog Puppy Clothing Outerwear XSV2 PURE 50 RO SYSTEM + TDSthat 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. Uniqus Ugreen Car Sport blueetooth V4.1 Music Player Receiver, Support USB Charge & Hands-FreeUniqus Universal Car Gear Shift Knob Modified Car Gear Shift Knob Spiral Auto Transmission Shift Lever Knob Gear Knobs(bluee)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,Uniqus Universal Super Water-Resistant Dual Hooded Motorcycle Rain Poncho Coat Raincoat(Brown)Uniqus X5 HUD 3 inch Universal Multi Car Head Up Display with OBDII EOBD System, Light Sensors, redation Speed, redation Speed Unit, Unit Mark, Voltage, Water Temperature, Alarm Mark(Black) 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, Unscented 25 lb Unscented 25 lb Cats Incredible Unscented SuperKittyKattakalizmik Klumping Litter, 25 lbthe parties commit to:Vesper V-Scratchy, Replacement Part for V-High Lounge Poplar (52054) Walnut (52055), 14 x 6.8 VETAFARM Nectar PELLETS 10KG (EVNP10) “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.Up Country- Christmas Bones Style Dog Collar-Large-Free Shipping Up Dog Toys The Odin Dog Treat Puzzle Toy, Plum

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, VetOne DentaClenz Water Additive (8.4 oz)Vets All Natural Joint Formulawas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Upgraded Electronics Mosquito Killer Trap Moth Fly Wasp Led Night Lamp Bug Insect Light Black Killing Pest ZapperUrine-Erase Stain and Odor Remover, 4L.

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. Via Aqua 12 Flexible Air StoneThe 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. Video doorbell Indoor walkie-Talkie 7-inch color LCD Display Indoor Extension Can be Connected to Electric Unlock and Power Off to UnlockURS Ultimate Waterfall Reptile Decoration for Enclosures Holds 5 litres WaterUSA 5XL (Weight 44lb, Label 24) USA 5XL (Weight 44lb, Label 24) GabeFish Fashion Small Medium Large Dog Striped Warm Knitted Sweater for Cold Weather Spring Winter Clothes Jumper USA 5X-LargeLast 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.