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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.. ____ Buckle-Down Seatbelt Buckle Dog Collar Polar Bear w Mustache Royal 1 Wide Fits 9-15 Neck SmallHaute Diggity Dog HDD-003 Barkin Bag(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, BiOrb TUBE 15L in White with LED Lighting, Heater Pack and Silver Standbluee Small,Box Bed bluee Small,Box Bed Scruffs 19.5 x 16 Highland Pet Box Bed, blueeparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Dean & Tyler Bundle of 2 Tugs for Pets, French Linen and Fire Hose, 12-Inch by 4-Inchbrown oliato Western Bridle to Smooth Leather Bow And Full Of Reins – br00085.

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. blueE-S CHWTLB Pet Dog Cat Portable Travel Carrier Tote Bag Crates Shoulder Bag Handbag Easy Carry Pet BagAmazing Pet Products Dog Sweater, 20-Inch, RedSecond, 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. Maltby's Stores Dog Pizzles Chew Treat, 50 Pieces2-Feet by 3 4-Inch Dean and Tyler Sputnik Dog Leash, Black 2-Feet by 3 4-Inch Width With Solid Brass Hardware.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 InnovaGoods InnovaGoods Pet Hose Scrubber.

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. 7\ KESS InHouse Busy Bree Lll Black White Pet Bowl, 7 Kess InHouse Iris Lehnhardt Flower Power Pink Abstract Fleece Dog Bed, 30 by 40 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 75cmx64cmx20cm Pet Backpack Pet Lying Cushion Crystal Suede Full Detachable Wear Resistant Bite Cat Litter Dog Pad Red Choice of Size Beds (Size 75cmx64cmx20cm) Brown S (55X45X16CM) Brown S (55X45X16CM) JiaJia- pet Dog mat Sleep Mattress Orthopedic Plush Mattress Pet Bed for Cats Solid Memory Foam-Pet Products Lounge Deluxe Sofa-Style Bed Kitten Puppy pet nestDean & Tyler Fun Works Harness, Explosive K9, Black With Yellow Trim, Small Fits Girth Size 56cm to 69cmthat 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-W32332 Leash Splitter-Wood Grain White Oak, 1 W-30 LB GYR28656 Soft and comfortable Cat's home cat climbing Cat toilet Cat's home villa cat frame cat climbing frame Cat toilet three and one (color B)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,L.63-85cm Pet Dog Harness, Pull Dog Harness Outdoor Adventure 3M Reflective Pet for Vest Nylon Walking (Size L.63-85cm)Biorb Classic 60L Aquarium in White with MCR LED Lighting & Heater Pack 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, Classic TMNT Group Pose4 in Sewer TMNT Logo 1.5\ Classic TMNT Group Pose4 in Sewer TMNT Logo 1.5\ Buckle-Down DC-WNT023-WM Dog Collar Seatbelt Buckle, 1.5 by 16-23 the parties commit to:F ZY Basic Leashes Dog leather leash dog collar large dog German shepherd dog golden Retriever Doberman dog collar leather dog leash,F42cm42cm42cm DSADDSD Pet Bed Kennel Cat Litter Four Seasons Available Non-slip Cat Nest Washable Sleeping Bag Pet Supplies (Size 42cm42cm42cm) “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.ByMusa Lupe Collar, Small, GreenHeirloom Studded Dog Collar color Burgundy, Size 1 x 26

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, 18510433cm Car Boot Liners for Dogs, Universal Car Boot Predector Waterproof Boot Cover with Side Predection Nonslip Durable Trunk Predector for Dogs Pets Auto Back Seat Cover Dirt Resistant Fits Most CarsBathroom Accessory Set Contemporary Brass 5Pcs Hotel Bath Tower Ring Soap Dish Tower Bar Toilet Paper Holderswas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Green S Green S Doggy Costume Pet Supplies Misc Autumn and Winter Korean Version of The New Dog Clothes Lapel Shirt Models Teddy VIP Bomei Small Dog Clothes (color Black, Size L) Pet Dog ClothesM 38cm LITING Cat Litter Four Seasons Universal House Villa Winter Warm Cat Sleeping Bag Cat House Dog Cat Supplies Full Set (Size M 38cm).

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. DIYthinker Black Cat Meow Elegant Animal Silhouette Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftThe 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. Kess InHouse Anneline Sophia Tropical Paradise Purple Floral Feeding Mat for Pet Bowl, 24 by 15 Buckle-Down Flaming Dog Collar Bone(Bonus Pack, Freshwater) API Stress Coat Aquarium Water ConditionerLast 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.