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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.. ____ 140×70×180cm ZAQ Greenhouse Shelf Large Walkin Garden Grow House, Steel Frame, Ideal for Propagating Seeds and Bringingon Plants (Size 140×70×180cm)Amazing Pet Products Latex Dog Toy, 2Inch, Needle Ball by Amazing Pet Products(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, Basics SoftSided Pet Travel CarrierC WSJTT Double Stainless Steel Dog Cat Bowls with Double Bowl NonSlip Dog Bowl Double Bowl Pet Plastic Bowl Dog Food Bowl Cat Bowl for Pet Food and Water Feeder (color B)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Big Cat Tree Tower Condo Furniture Scratch Post Cat Jumping Toy with Ladder for Kittens Pet House Play,DCat Sunbathing Hammock Sucker Hanging Bed Cat Nest Cat Hammock Cat Mat Pet Supplies.

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. Antos Cerea Eurostar Assorted Large 26cm (Pack of 50)Black Manba Dog&cat Bed Folding Ventilation Dog Basket Multicolor Wehelping Bed For Small Medium Large Dogs Pet (color Green, Size Small)Second, 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. Alapet 360 Degree redating Buckle Comfortable Handle Does Not Hurt The Hand Fashion Beautiful Red and bluee Two colors Optional The Same color BowKnot Handle Leash Dog SuppliesA Double Bowl pet Feeding Supplies,Puppy Kitten BowlBThird, 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 Black 140 CMExion Wave Over Lay Girth Navy bluee Elastic with White Lines English Horse Riding Equestrian Premium Tack Conker 130 CM.

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. A&E Cage HB130 Small Hairy MonsterChris Christensen Oblong Wood Pin BrushThe 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 Aida Bz Wooden pet safety barrier indoor ultra wide isolation retractable free standing guardrail high 50CM 20 gallon GloFish bluee & White LED Stick Light, for 55 Gallon AquariumsBMDHA Dog Bed Washable Dog Mattress Small Dogs Medium Dog Large Dogs Sponge + Velvet Materials Pink, 4 Sizesthat 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. Choke Free Reflective Step in Ultra Harness Black All Sizes American River (XS) by Doggie DesignCeramics Dog Bowls for Food and Water, Pet Feeder Bowl Cartoon Ceramic Cat Bowl Suitable for Small Medium Size Dog cat,CThe 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,Black 2 layers stepFoldable Pet Dog Cat Stairs Steps for Small Dog Breathable Mesh Dog Mat Cushion Bed Steps Ramp with Detachable Cover Pet Product (2 Layers Step, bluee)Best Buy Bones Usa Made 3Pack Cow Ears, Regular Healthy Pet Chews For Dogs 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, California Costume Collections Bride of Franken Pup Dog Costume, Largethe parties commit to:Belted Pet Travel Backpack, Wearable, Dustproof, Breathable, Suitable for Dogs, Cats, Small Pets, bluee, Suitable for Outdoor Travel, Hiking, Camping (color LYellow)Bowsers Luxury Crate Mattress Dog Bed in Avocado “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.BuckleDown Music Notes Black White Dog Leash, 6'Bolt on Heavy Duty dog bowl holders (twin)

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, Brinsea Products TLC30 Eco Brooder Intensive Care Unit for Young, Sick Or Injured Birds & Small Animals3.6kg Comfort Gut Horse Feeding Supplement for Improved Digestion and Performance, 2.5kgwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.A3 Large 55X50X30CMZcx Cartoon Threedimensional Cotton Padded Kennel Lambskin Thick Pet Nest Cat Litter (color A2, Size Large 55X50X30CM)AWJ06 Stainless Steel Pet Dog Cat Puppy Travel Feeding Feeder Food Bowl Water Silver Dish Shape (3 Pieces).

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. All Star Dogs Delaware Fightin' bluee Hens All WeatherResistant Predective Dog Outerwear, XLargeThe 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. Aoligei Pet Backpack Space Capsule air Bag Out Travel Package Portable Shoulder Bag 29x23x42cmAQUARISTIKWELT24 7264 Aquarium Root 78 x 25 x 66 cm XXL Wood DecorationANice Car Boot Liner Predector for Dogs Non Slip Car Boot Predector with Bumper Flap Universal Waterproof Car Boot Cover Mat Dog Blanket fits Cars 129 100cm43cm (color color A)Last 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.