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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.. ____ Hot Creative Pet Cat Kitten Chewing Cat Toys Catnip Stuffed Fish Interactive Kitten Product Cats Products for PetsH&YL Pet Carrier Dogs & Cats, Portable Soft-Sided Air Travel Bag Small Medium Dog Cat Bag Waterproof Pet Car Seat Travel Collapsible Soft Side Dog Crate Kennel Puppies 48 25 33Cm,C5(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, Cat Tree, Kitten Grab Column Post Pet Play Tower Activity Center, Cat Scratch Board Grinding Paw Resting 35 35 45CM (Beige)B 7090CM B 7090CM JBP Max Dog Bed Cat Nest Pet Nest Pet Bed Dog Mat Blanket Autumn Winter Warm Bite-Resistant Pet Mat,B,70 90CMparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Lafeber Classic Nutri-Berries Parred Food 20 lbHorse Farrier Tool Kit Grooming 8 PCS Full Professional Complete KIT.

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. 100cm Bunny Home Rabbit Guinea Pig Animal Cage Hutch Habitat Wheel Stand HouseDIYthinker LGBT Rainbow Flag Great Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftSecond, 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. Aqueon Syphon Vacuum Gravel Cleaner, Large 25cm[DOGCHOiCE] DOGCOS Dog Costume cute dog for the costume series (Ladybug S)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 LMtt Video Doorbell, smart cat eye security door with electronic cat eye video intercom wireless doorbell 120 degree wide angle 3.5 inch LCD screen.

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. Buster Activity Mat Starter Set with 3 Games (PACK OF 4)2-Ounce The Blissful Dog Jack Russell Nose Butter, 2-OunceThe 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 1\ Omni Pet Leather Bredhers 23-Inch Bravo Collars, Large, Camo GCHOME Cat tree tower Cat Tree, Straw Sisal Cat Tree Tower Cat Climbing Frame Wear-resistant Scratch-resistant Durable (brown)Felix As Good As It Looks Favourite Selection, 60X85gthat 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. color07 W32\ color07 W32\ High Water Absorption Door mat Cute Dog Toy Illustration Perfect for Greeting Cardbluee AosyGFR Spring And Summer Cat Litter Cat House Pet Nest Removable And Washable Four Seasons Cat Cat Room Bed Supplies Cat House Felt Nest Cat PotThe 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,ANDRE pet supplies Pet Mat Pet Sleeping Pad Pet Waterloo Cool Down Kennel Summer Dog MatBrown Medium Brown Medium BeTTi Pet Doghouse Teddy Doghouse Corgi Pomerang Winter Warm Small Dog Corduroy Thickened Kitty Doghouse (color Brown, Size Medium) 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, DIYthinker U Alphabet orange Fruit Cute Pattern Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Giftthe parties commit to:bluee Missrui Cotton Soft Dog Cat Pet Bed House Hammock Cage Dome Tent Bed Cushion Nest Sleeping Bed (bluee, Sets)bluee Medium 22\ bluee Medium 22\ Dogline Vest Harness for Dogs and 2 Removable in Training Patches, Medium 22 to 30 , bluee “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.Kelly Silver Star gold Triple Cross Youth SpursDIYthinker Australia Flavor Map Emblem Illustration 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, Exquisite Bone Shape Pet Supplies Food Bowl Dog Bowl Pet Bowl Cat Bowl Dog Food BowlKESS InHouse Li Zamperini Planet bluee Teal Watercolor Pet Bowl, 7 Diameterwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Camouflage S Camouflage S Dog Harness Pet Harness Adjustable Outdoor Pet Vest Oxford Material Vest for Dogs Easy Control for Small Medium Large Dogs (color Camouflage, Size S)BRIGHT EYES BUSHY TAILS 1 SENIOR Grain Free Dog Food Trout with Salmon, Sweet Potato and Asparagus 15Kg. 50% TROUT with SALMON. Grain free, Wheat and wheat gluten free, no artificial flavours, colourants or preservatives. Vet approved, gentle formula. Sp.

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. Abound Grain Free Natural Dry Adult Dog & Puppy Food, Lamb & Brown Rice Recipe, 4 lbsThe 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. purplec Small purplec Small Solid purplec Small Rectangle Indoor Outdoor Pet Dog Bed With Removable Washable Cover By Majestic Pet Productscolor02 51W x 60L inch color02 51W x 60L inch Catwall Tapestry for bedroomHand Drawn Feline Pattern House Pet Playing with Mouse and a Ball of Yarn 51W x 60L inch Beach tapestryBlack Tan Sea GreenA Dog Leash Retractable leashes for Medium Dogs & Small Dogs Long Heavy Handle feet Double Handle Heavy Double German Shepherd 5FTLast 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.