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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.. ____ 2pcs Dog Frisbee, Dog Flying Disc, Large Dog Frisbee Indestructible Rubber Squeaky Float Toys Pet Training Outdoor Toys for Medium and Large Dogs 9 inchBotrong PVC Pet Swimming Pool Portable Foldable Pool Dogs Cats Bathing Tub Bathtub Wash Tub Water Pond Pool & Kiddie Pools Kids in The Garden (160x30cm 63x12 inch)(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, Alapet Multicolor Optional ABS, PC Pet Space Bag, Internal AntiBreakOff Pet Portable Breathable Backpack, Comfortable Handle Design, Reinforced Adjustable Strap, Fashion Style (color Pink)Canine Equipment Technika 1Inch Utility Dog Collar, Large, Limeparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.A LargeDeluxe Dog Bed Soft Washable Detachable Reversible Basket Bed Cushion with Cotton Velvet LiningACLBB Pooper Scoopers Pet Dog Cat Pet Shoveling Tools with Pets Pick up Toilet Pet Dogs Easy Clean Up Defecate for All Pets.

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. Black HiK9 The Original Small Mesh Raised Pet Bed (Grey)Ceramic Cremation Urn Columbarium for Human or Pet Ashes for FuneralSecond, 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. 3x LIMEWOOD AIRSTONE MINI Predein Skimmer AIR STONECatastrophiCreations Cat Dining Table Handcrafted WallMounted Feeder ShelfThird, 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 Bowsers Donut Bed, XSmall, Harbour bluee.

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. AYCC Pet Hammock, Cat Litter Kennel, Shaker, Cute Cartoon, Pet Nest, Summer Cool Nest, Cool Pad,blueeBreed Heat, 16 oz PowderThe 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 Cl Pureflo Filter Pad 50 Micron 36x24 Collapsible Cat Tunnel Tube Kitty Tunnel Bored Cat Pet Toys Peek Hole Toy Ball Cat, Puppy, Kitty, Kitten, Rabbit (5Way Black)B Blesiya New Aquarium Acrylic Fish Tank Breeding Isolation Box for Baby Fish Hatchery Rooms Incubatorthat 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. Bramton Original Training Pads 100 pack 23 x 24 11349Coffee color L(907220cm)MEIQI Pet bed, padded pet mat and nest, dog basket sofa bed, detachable and easy to clean, suitable for large medium small dogs, as well as cats, dogs, rabbits, guinea pigs, etc.The 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,Bucas Irish Turnout Extra 300grs Size 110 145CHONGWUCX Detachable dog house pet supplies dog bed 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, B LBTSQSeason Universal Cat'S Nest SemiClosed Dog'S Nest BiteProof Washable Small Dog Dog House Dog Bed Cat House Pet Nest Pet Suppliesthe parties commit to:2 Sided Service Dog Identification Patch TagCHELIZI Plush Small dog spot wholesale kennel Cat “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.Cartridge 10000948 [Set of 2] Size Medium 3 PackAndyTours Lamb Velvet Blanket Cat Kitten Cat in The Box Reversible Blanket for Bed and Couch W59 x L31

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, Black w Door 48 HMidwest Foldable Metal Exercise Pen Pet Playpen, Black w Door 24 W x 24 HAussie Naturals Natural Water Buffalo Horns Edible Treats Largewas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.CATWY Portable Adjustable Pet Wheelchair Dog Cart (XXXSXXL), Back Height 1375 Cm, Weight 1.560 Kg, Rear Leg Repair, Lightweight Aluminum Alloy, Available in a Variety Of Sizes (Size S02)A ZCCWS Compact walkin greenhouse for planting a covered house (color 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. BoneAMints Dental Bones Mini (78 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. Best of Breed Pomeranian Barbara Van Vliet Ceramic Treat JarsBrown Checkered Chewy Vuiton Handbag Toy, LargeB XBCWW Kennel Autumn And Winter Pet Kitten Nest, Removable And Washable Small Dog Mat Warm And Comfortable Basket Shape Pet Nest,Size 46 × 46 × 23cm (color B)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.