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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.. ____ DIYthinker Watercolor Ink Flower Plant Peony Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift69cm50cm2cm Summer Dog Mat Pet Mat Pet Sleeping Pad Pet Waterloo Cool Down Kennel (Size 69cm50cm2cm)(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, DIYthinker Steak Bar France Toast Beer Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftLime Green Large Lime Green Large CollarDirect Reflective Dog Harness Step in Small Medium Large for Outdoor Walking, Comfort Adjustable Harnesses for Dogs Puppy Pink Black Red Purple Mint Green orange bluee (Large, Lime Green)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Colour-2 S Colour-2 S Removable and Washable Four Seasons Suede Pet Nest Warm Section Cat Cat Dog Pet Thickening Cat Litter (color Colour-2, Size S)Black Sturdy Stoneware Pet Bowls Set of 2 (Larger 6x3 & Smaller 5x1¾) (Black).

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. DOGGIE DESIGN White Christmas Santa Girl Dog Dress (Medium) byBig Button Training Clickers, Click and Train Economy Pack for Dog Training ClassesSecond, 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. Imagine This 4-3 4-Inch by 4-3 4-Inch Car Magnet Peace Dog PinkDean & Tyler DT Cobra Sheriff No Pull Harness, Medium, BlackThird, 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 Brown 402323CM Brown 402323CM Outdoors Portable Pet Backpack Small Pet Outpacks EVA Oxford Cloth Car Pet Bag Foldable Mesh Ventilation (color Brown, Size 40 23 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. Global Brands Online Yani HP-PK1 Pet Dog Simulation Fruit Mats colorful Squishy Cotton Dog Beds Pet KennelsFish & Aquatic Supplies Resin Ornament Aqua Kritters Ii Skull CaveThe 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 Beige Weiwei Cat climbing frame cat jumping cat nest for game sleeping 58cm 30cm 45cm C Dog Toy Spherical Rubber Handle Hu Ding Training Bouncy Ball, Pet Supplies (color C)Fashion and Unique Pet Cat Dog Soft Warm Sleeping Cushion Double Sided Fluffy Pet Blanket Bedthat 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. Hhxx9 Auto-Telescopic Traction Rope Smooth Auto-Telescopic Traction Rope Walking Dog Rope Pets,H,LCentaur- Turbo-Dry Horse Sheet Size L Horse;color NavyThe 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,bluee XL (8062cm) bluee XL (8062cm) XFentech Ultra Soft Warm Pet Bed,Dog Mat Pad Cat Sleeping Cushion,Washable External Cover (bluee,XL)Large MR.MO Dog Snuffle Mat, Food Mats Nose Work Pet Activity Training Blanket Slow Feeding Cat Relieve Stress, Polyester 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, Cat Scratch Board,Large Cat Nest Bowl Shape Sisal Cat Scratch Cave DIY Personality Sleep Grinding Paw House,Savior of Furniturethe parties commit to:Kess InHouse Graham Curran The Blanket II Pet Blanket, 40 by 30-InchArmy Green Pet Stair Pet Training Ladder 3 Steps, Cat and Dog Climbing Bed Steps For Smaller Pets, 40cm × 57cm × 33cm “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.KESS InHouse Gill Eggleston Eastern Promise Feeding Mat for Pet Bowl, 18 by 13-InchDean & Tyler 21 to 26-Inch Balance Assistance Dog Works Harness, X-Small, orange 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, JIANGU self-cleaning small fish tank, aquarium, desktop fish tank, creative mini acrylic fish tank, water-free lazy fish tankMedium Extra Absorbent Female Washable Dog Diapers Great for Puppy Training and Adult Dogs (Medium, 7 PK)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Fits for 16 inch (40cm) dog's neck size FDT Artisan 16 inch Black Leather Dog Collar with Brass Plated DecorationsA La Mode 1 1 2 inch (40 mm) WideDean and Tyler Bundle One DT Works Harness, Sheriff, Small (25 34 ) + One Padded Puppy Leash, 6 FT Stainless Steel Snap Black.

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. Buckle-Down MGC-W38114-M California Republic Bear Stars Silhouette bluees Martingale Dog Collar, 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. Dog-Light Brown LUUFAN Lion Mane Wig for Dog and Cat Costume with Ears Pet Adjustable Comfortable Fancy Lion Hair Dog Clothes Dress for Halloween Christmas Easter Festival Party Activity (Dog- Light Brown)Green Red Savvy Tabby US6944 43 Crinkle Kitty Set of Cat Toys, Green RedBlack ys m Black ys m HUNTER Nylon Leash, 2cm Wide 100cm Long, BlackLast 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.