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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.. ____ JFRI cat bed Cat litter cat climbing frame semi-closed four seasons universal bedside table round coffee table4-Pound Addiction Viva La Venison Grain Free Dry Dog Food, 4 lb.(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, 35w L@LILI Small Submersible Water Pump For Pond, Aquarium, Hydroponics, Fish Tank Fountain With 5.9Ft Power Cord,35wFANCY FEAST A LA Carte Tuna Florentine 24X85G (11059631) (CFFATF85X24)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Cyan Large cyan Large Flyme Pet Dog Jumpsuit Cat Sweater Warm Dog Fleece Clothes Puppy Outfit Jacket Coat Winter Soft Sweaters Cyan LBlack Baoblaze Breathable Portable Pet Carrier Handbag with Wood Perch for Easy Cleaning 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. bluee S (43X28X18CM) bluee S (43X28X18CM) Pet Bed Square Plaid Thickening Warm and Resistant to Tear Bite Removable and Washable golden Retriever Dog Pad Warm Pet Nest A+ (color bluee, Size S (43X28X18CM))Cat head Cat Scratch Board Corrugated Paper, Cat Litter Cat Claw Board Supplies, Cat House Claw Claw Board Cat Toy Cat Head Section 50Cm35Cm40CmSecond, 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. 0.9- Inch by 17.7Inch Bird toys Cotton Rope Perch for Birds Cage Stand Bar Suitable for a Wide Variety of Small or Medium Parreds and Birds, 0.9- Inch Diam by 17.7InchDIYthinker Mgoldcco Style Flower Abstract Pattern Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftThird, 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 Furniture Play Towers and Trees Cat Climb Frame cat House cat Jumping cat Tree 40cm 40cm 45cm.

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. Load 13kg Pet stairs Wooden Pet Stairs, Dogs Cats Steps for Sofas, 2 Steps for Tall Bed, Up to 28lb 55lb, Washable Cover, Nonslip Foot Pad (Size Load 13kg)Dog Bag Tie Handle Pet Dispensable Bags on a Roll, YellowThe 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 Green Medium Green Medium Majestic Pet 15-Inch to 25-Inch Step In Harness, Green, Large, 40-120-Pounds Dog Dean & Tyler 4-Piece Professional Training Bundle Set for Dogs with 2 Working Puppy Sleeve 2 Pocket Tugsbluee D M bluee D M GielCof Removable Pet bed,Ultra soft & cozy washable cat dog mat eases pet arthritis & hip dysplasia pain puppy kitten warm kennel cushion-bluee D Mthat 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. Dixinla Pet Carrier Backpack Out of pocket single shoulder bagGreen X-Small Green X-Small Kennel Medium Dog Small Dog Pet Nest Cat Mat Bed 4 Season Removable Wash Indoor Pet Sofa (color Green, Size XS)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,Irish Wolfhound, Urn for Dog Ashes Memorial with Statue, Pet’s Name and Quote ArtDog PersonalizedKess InHouse Ann Barnes Roam III Fleece Dog Bed, 50 by 60 , Anchor 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, M Back on Track Hock Boot Brushing Boot 3D Mesh Whitethe parties commit to:4 Bowls on Brick Wall Garden Water FeatureBarkworthies Beef Bon Bons Treat, 8-Ounce by Barkworthies “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.HL-480A Aquarium LED Clip Light Fish Tank Clip Light Aquarium Fish Water Plants Light Suitable for for Aquatic, Reef, Plants and Fish Keeping (HL-480A)36w-no Ozone remote control models 36w-no Ozone remote control models Disinfection lamp UVC 36W 55W ozone sterilization lamp, 30min efficient removal of mites, 30M remote control, air purifier, formaldehyde filter

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, Big Dog Boost Natural Immune Booster Supplement for Dogs (300 Gram)bluee Stegosaurus bluee Stegosaurus YAODHAOD Dog Linen Toy, Pet Dog Molars Chewing Toy Puppy Whistle Squeaky Plush Toy, Dinosaur Sounding Toy(Stegosaurus, Triceratops, Dolphins) (Stegosaurus, bluee)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Black 48In Black 48In Ppinklect Epoxy Coated Wire Crate Appeal Exercise Pen, X-Large, 48-Inch, BlackImperial Cat Purrfect Stretch Scratch and Shape, Giant, Paisley by Imperial Cat.

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. Cedar Crate Market Bundle Pioneer Pet Sticky Paws XL Sheets and Organic Catnip BundleThe 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 Nika Martinez Sand Stripes Pet Bowl, 7-Inchbluee 80x40x50cm bluee 80x40x50cm 4-Step Pet Stair Ramp Portable Breathable Washable Dog Activity Ladder Non-Slip Durable Pet Supplies Sofa Ladder Cushion with Storage Bag Pillow (color bluee, Size 80x40x50cm)B s 341927cm B s 341927cm Daeou Pet Backpack PU Foldable Portable Dog Bag cat cageLast 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.