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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.. ____ L Geode bluee, Designer Cotton Dog Collar, Adjustable Handmade Fabric Collars (L) by Ruff RoxyDean & Tyler D&T WFUN KMEIRISH BK-XS Works Fun Harness, Kiss Me I Am Irish, X-Small-Fits Girth, 53cm to 66cm, Black White(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, 4872cm Big-time Electric Pet Heating Pad,Pet Heating Pad for Dog Cat,Indoor Waterproof Adjustable Warming Bed Mat with Chew Resistant Steel Cord,Soft&Safe,Overheat Predection60X60cm DIYthinker Luxembourg Flag National Emblem Anti-Slip Floor Pet Mat Round Bathroom Living Room Kitchen Door 60 50Cm Giftparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Dean & Tyler Presents Sprenger Large Fur Saver Collar Long Link FUR Saver DOG Collar Made of Brass Size 64cm By 4mm Herm Sprenger Original This FUR Saver Recommended By VDH Member of F.c.i. Available in Different Size. (53cm, 58cm, 64cm, 66cm, 71cm, 76cDIYthinker Colourful Butterfly in Dots Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift.

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. Dean and Tyler 4 Row Spikes , Extra Wide Dog Collar with Strong Nickel Spikes Brown Size 32-Inch by 2-1 4-Inch Fits Neck 30-Inch to 34-InchImagine This Wood Breed Decorative Mortgage Sign, Cairn TerrierSecond, 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. 1 pet bag Cat Out Portable pet Breathable Backpack Out Shoulder Ventilation Stripe Bag Dog Carrying Portable Crossbody BagLarge AIDELAI Cat Litter Kennel Cat Dog Pet Bed Mat Autumn And Winter Keep Warm Comfortable Soft Detachable Wash (Size L)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 25 Foot Python No Spill Clean and Fill Aquarium Maintenance System by Python Products Inc..

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 Dog Supplies Cat Bag Dog Out Folding Portable Bag Pet Folding Bag Dog Bag Cat Bag Pet Box Backpack Bag Cat Litter Pet Bag, MExtreme Dog Fence 14 Gauge Wire 1500 Ft Heavy Duty Pet Containment Wire Compatible with Every in-Ground Fence System for Dogs Pure Solid Copper Core Dog Containment System WireThe 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 Agrilabs Prohibit Soluble Drench Powder 52gm M JXLBB Red Pet Bag Out Portable Dog Bag Cat Bag Dog Backpack Shoulder Pet Backpack Teddy Chest Bag (Size M)Brand New BOYD ENTERPRISES CHEMI PURE ELITE (11.74 OZ) AQUATIC PRODUCTS AQUATICS WATER CARE that 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. L 2 Cat Scratcher Cardboard Pet Bag, Outdoor Portable Travel Breathable Backpack (color L 2) Cat Scratcher Toy (color L 2)DIYthinker Red Watercolor Sweet Ice Cream Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftThe 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,Electric Dog Nail Grinder, for Small Medium Large Dogs Cats Pets Paw, Ultra Quiet Dog Nail File Pet Nail Grinder TrimmerA S(504535cm) A S(504535cm) MXJ61 Kennel Winter Pet Mat Small Medium And Large Dog Bed Cat Nest Winter Warm Pad (color A, Size S(50 45 35cm)) 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, Majestic Pet 44-Inch Bungalow Sherpa for Cats by Majestic Pet Products, Inc.the parties commit to:KESS InHouse Nick Nareshni Forest in The Sky Black Green Photography Pet Bowl, 7 DiameterBil-Jac Little Jacs Treats For Dogs 4 Oz “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.12.5 kg Nobby Cocos Fibre, 12.5 KgBlack Pet Supplies hyx Animal Grain Four Seasons Genuine Warm Pet Dog Kennel Mat Teddy Dog Mat, Size L, 66×50×14cm (color Black)

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, BROWN 50cm BROWN 50cm ADOO Loving Care Pet Products Ultra Supreme Nesting Style Pet Bed,Simulation Leather Cool Comfortable Detachable And Easy To Clean (color BROWN, Size 50cm)Dogline N0206-3-0232 Alpha Nylon Service Vest Harness, Medium, Redwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Lafeber Company Parakeet Pellets Premium Daily Diet Pet Food, 5-PoundKESS InHouse Suzanne Carter Rise & Shine White Yellow Dog Bed, 50 x 40 .

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. Fluker's Buffet Blend Adult Bearded Dragon Formula 2.9 Ounce (3 Pack)The 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 Ann Barnes Agave Abstract Green Red Photography Dog Bed, 30 x 40 Black Alfie Pet Skye Seat Cover Mat with Headrest for Pet color BlackBlack Horse Black Horse Tough 1 Leather HarnessLast 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.