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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.. ____ Bonaweite Cat Climbing Frame Scratch Sisal Cardboard Tree House, Pet Holding Jumping Platform, Kitty Pillar Plate Grinding Claw with Pets ToysBrown dark brown 125 cmEurori Ding Outdoor Blanket Stormy(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, AETERTEK Pet Dog E Electric Shock Collar Remote Training Collars Bark Collar No Stop Barking Device for Small Dogs AT211D Updated (For one dog training system)Challenger XL Miniature Weanling Donkey Pony Horse Foal Fly Sheet Mosquitoes Pink 51801particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Big Shrimpy 7459 Catalina Classic Faux Suede Bed, Medium, TruffleB Blesiya 2 Floors Storey Syrian Dwarf Hamster Cage Mouse House with Slide Spinning Bottle Bowl (orange).

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. 48inch QPSON Aquarium Light LED Round Aluminum AlloySMD50RGB Remote Aquarium Light (25inch)CKH Cat Litter Winter Warm Autumn And Winter Cat House Cat House Net Red Kitten Sleeping Nest Ins Deep Sleep Cat Litter PadSecond, 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. CHONGWUCX Waterproof pad at the end of the desirable pet bed dog nest cat litter2 in 1 Cat Dog Bed Pet Cave & House Cute Space Cap Style House (color bluee)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 Cat and Dog Portable Pet Backpack Canvas Space Bag Travel Travel Breathable,H,38 23cm.

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. Cat Dog Bed Pet Mats,Pet Kennel Winter Dog Mat, Small and Medium Dog Warm Lamb Cat Litter (color Beige, Size S)Collapsible Water Bucket,Collapsible Basin LeakProof Lightweight Portable Wash Basin with Carry Bag for Camping Travel Washing Fishing 25LThe 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 B 503510cmBiuTeFang Pet Bolster Dog Bed Comfort Dog Mat Pet Nest cushion Cat cushion Cat Nest Cat Sand Cushion, Cat Sand Pot Cushion, Toilet Cushion, Dog Pet Antiskid Cushion Cleaning Suppliesblueemax Italian Synthetic Turtle Shell Print Dog Collar with Paw Stud, 3 4Inch by 12Inch, orangethat 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. Barklyn New Yorkie Dog Wife Beater tShirt (Large)Cat Toy 7 Point Set Cat Jerky Cat Play Feather Toy Mouse Chew Toy Pet Supplies Cat Toy with a Bell Diet Training Stress Relief Exercise Shortage Cancellation 7 Point Set PresentThe 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,Balaballalla Pet Space Bag Capsule Shaped Pet Carrier Breathable backpack for dog cat outside Travel Portable Bag Pet Supplies 42x30x15cmCeramic Medium and Small Dog with Bowl of pet Bowl, Pink 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, bluee Car Booster Seat for Small Dogs Cats,Waterproof Scratchproof Nonslip, Car Seat Predector with Travelling Accessories,Brownthe parties commit to:CollarDirect Training Choke Collar, Durable Rolled Leather Slip Collars Dogs Large Medium Small Puppy Round Soft Padded Black Pink Red Green Brown White bluee (Purple, Size S2)0 ℃ Outdoor Lightweight Diamond Traveler Pet Shoulder Bag “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.Bayer HyLyt Shampoo, soapFree Cleansing and moisturinzing ShampooCHOICE BRANDS Laced Bridle Reins 5 8 Inch 401H58 HORSE

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, Auto Accessories 2018 Car Steering Wheel Cover Breathable NonSlip Plush Handlebar Warm Winter, Black, 38CM%Pet Bed Pet Nest Dog Bed Cat Nest Pet Mat Pet Products X016 Pet Supplies (Size M)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Cat Tree Furniture Playhouse Condo with Posts Toys and for Cats Play House in The Corner Window PerchesB Large bluee Dog Toilet pet Potty Toilet Flatbed Dog Urinal Potty Large and Small Dogs Puppies Dog Supplies.

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. Anima Silver Black and Grey Woven Pillow with Removable Cover, 32 by 33Inch, MediumThe 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. blue marine beige 45 3ft 9Horseware Rambo Grand Prix DustbusterAlfie Couture Designer Pet Apparel Smokie The Dragon Dinosaur Costume color Green, Size XLAosyGFR Hamster Maze Toy Wood Products Small Pet Toy Wood Baffle Hamster Molar Bite SuppliesLast 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.