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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.. ____ ANDRE pet supplies Pet Mat Small Medium Pet Sleeping Mat Puppies Blanket Cat Dog Nest Bite Resistance Pet Supplies Pet Bed Dog Mat16.5” Inch Seat Manaal Enterprises Adult Western Trail Barrel Racing Premium Leather TREELESS Horse Saddle Tack Size 14 to 18 inch Seat Available (16.5 Inch Seat)(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, Black 7.5 US Black 7.5 US Women's Fashion Boots Suede Winter Boots Flat Heel Round Toe Booties Ankle Boots BlackKelly Silver Star Silver Hackamoreparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.3.0feet Pet Fence Dog Cage with Skylight Folding Metal Dog Crate Perfect Kennel for Small-to-Medium Sized Pets and Other Family Pets,3.0feetbluee Erlvery DaMain Large Triangle Potty Trainer Corner Litter Bedding Box Pet Pan for Small Animal Rabbit Guinea Pig galesaur Hamster Ferret (bluee).

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. C Premium Dog’s Bed, Dog Bed Cat Nest Pet Nest Pet Bed Universal Removable and Washable Pet Small and Medium Dogs Summer Cool Nest 70 60 23Cm (color C)Maerye Space Bag Pet Backpack cat bag out portable pet bag breathable Pet Supplies pet transport bag suitable for 4-6 kg or so dogSecond, 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. B Medium B Medium Pet house Winter Kennel, Comfortable Pet Cat Bed Soft Cushion Short Velvet Fabric Dog Bone Pattern (color B, Size M)DIYthinker Don't Look Back Inspirational Quote Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftThird, 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 Cat Tree, Kitten Grab Column Post Pet Play Tower Activity Center, Cat Scratch Board Grinding Paw Resting 35 35 45CM (Beige).

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. M CXQ Pet Small Dog Winter and Autumn Cute Striped Bear Denim Four-Legged Clothes (Size M)J.T. Industries BJT25060 Parakeet Mesh Bird Bloomer Seed Guard, SmallThe 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 Dean & Tyler's DT Works orange FORENSICS DOG Harness with Chest Padding, Small, and Black 6 ft Padded Puppy Leash. 1-Liter Isle of Dogs Coature No. 51 Heavy Management Dog Conditioner for Damaged Hair, 1-LiterMasterclip Ranger Horse Clipper with Cordless Green Cordless Showmate Trimmer Combothat 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. C M(65X50X18CM) C M(65X50X18CM) Dog House Cat Nest Pet Nest Big Kennel Detachable Wash golden Dog Pet NestJBL ProFlora M501 System Fertilisation in Co World AquariumThe 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,3 litres Hilton Herbs Witch Hazel Distilled, 3 Liter1.2m Deep Ultimate Safety PVC Greenhouse Steel Frame 1.8m Wide 1.2m Deep 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, BLACK L18 inchw2.0cm BLACK L18 inchw2.0cm Nylon Ribbon Dog Leash,Multi-color Optional, Durable,Pet Supplies,Soft and Comfortable (color Black, Size L18 inchw2.0cm)the parties commit to:Groc Corn Cob Bedding 5 lbs [Set of 2]Large Pet nest creative seasons warm and comfortable dog cat puppy sleeping nest,L “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.A Large Cremation Urn Funeral Urns Ceramic For Human Ashes And Pet Hand-PaintedHolds Up To 120 Cubic Inches Of Ashes,ADIYthinker Hot Beautiful Woman Kneel Silhouette Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift

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, Aquarium Co2 decompression table carbon small monoalphabetic electromagnetic precision micrometering valve + random color, 110Vcolorfulcanvas(nopad) Large colorfulcanvas(nopad) Large colorful Canvas Pet Tent Cat Kennel Washable Fabric Wooden Household Outdoor Supplies,colorfulCanvas(nopad),Lwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Dry Dog Food Burns Sensitive+ Adult With Pork & Potato 15kgB S B S Wuwenw Pet Dog Cat Warm Soft House Sleeping Bag Dual Slippers Nest Removable Washable,S,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. 100 Count Paw Inspired Ultra Predection Puppy Training Pads, 100 CountThe 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. Interactive Treat Dispensing Toy Ball for Dogs, Cats, Puppies, Kittens Intelligence and IQ Training, RedImagine This Wood Breed Decorative Mortgage Sign, Cairn TerrierAndrewex wooden fence, privacy, garden fence, fencing panel 180 x 60, varnished, pinieLast 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.