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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.. ____ Green Dog House Cat Litter Dog Cage,Safety Lock Configuration Indoor Outdoor Dog,Kennel,Warm Windproof Dog Kennel,Big Dog Small Dog,Dog Cat Cage,Feeding KennelAquarium Fish Tank12 LED Light bluee White 31 cm Bar Submersible Waterproof Clip Lamp Decor US Plug(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, 6 Feet Long 1\ Buckle-Down Pet Leash Wonder Woman Logo Red 6 Feet Long 1 WideBlack L Black L LeMieux Merino Plus Full Monty Gp Numnah Lambskin Saddle Padparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Green M Green M Party Pet Costume Dog Clothes Boys Autumn and Winter Windproof Coat Camouflage Casual Jacket Teddy VIP Pets (color Green, Size M) Pet Uniform (color Green, Size M)DIYthinker Course and Major Computer Science Black Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift.

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. E74 220v 15w 800l h Submersible Fountain Air Fish Tank Aquarium Water Pump EU PlugA 45×60cm A 45×60cm PLDDY pet bed Pet Mat, Large Dog Kennel Cat House Removable And Washable Nest Wear-resistant Bite Pet Bed (color A, Size 45×60cm)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. 24INCH QPSON Aquarium Light for Extendable Heat Dissipation Fish Tank Lamp (24INCH)M ZOUQILAI Dog Wheelchair Dog Mobility Harness,Rear Support Wheelchair, Hind Legs Rehabilitation Aluminium Material 2 Wheels for Disabled Dog (Size M)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 C S(60X45X15CM) C S(60X45X15CM) Dog House Warm Pet Nest Dog Pad golden Retriever Fall Winter Dog Kennel Large Dog Bed Paw Print Cat Nest.

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. Foldable Pet Stairs, Ladder 4 Steps for Dogs and Cats, Lightweight Portable Best for Small to Medium Pets, BeigeKess InHouse Nicole Ketchum Cherry Floral Black Pet Bowl, 7-InchThe 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 Gooby 04515-PUR-XL Hiking dog harness with flexible durable frame, Purple, X-Large Dixinla Cat climbing frame Small medium-sized teasing cat toy cats Nest Platform Grab column plush supplies 26 26 69cm42\ your-fantasia Funny Cat King Pet Bed Dog Bed Pet Pad 42 x 26 inchesthat 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. L PLDDY pet bed Removable kennel medium-sized large dog dog mat sofa four seasons pet warm dog bed (Size L)7280CM Extra Wide Adjustable Baby Door, Plastic pet Door, cat and Dog White Fence House, Doorway Stairs Suitable for Space 72 to 125 cm Wide,7280CMThe 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,Baosity 10Pcs Plastic Mat for for Small Animal Rabbit Guinea Pig Bunny Ferret Feet Pad Cage Mat Habitat DécorblueeLeash Medium blueeLeash Medium Pet Chest Strap with Dog Strap Small Medium Large Dog Leash Vest Style Dog Leash Dog Chain,blueeLeash,M 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, MagiDeal Portable Outdoor Travel Bird Carrier Backpack with Cloth Nappy Reusable Washable Bird Diaper Flight Suit (pink Red)the parties commit to:B FJH Pet Bag Portable Out Of The Cat Cage Small Travel Backpack (color B)Annamaet Grain-Free Lean Reduced Fat Formula Dog Treats, 10-oz bag by Annamaet “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.4seat VGUYFUYH Black Thickened Wrinkled Sofa Cover Polyester Full Package Elasticity Home Universal Sofa Cover Simple Fashion One Piece Durable Dust-Proof Pet Dog Predective Cover,4SeatBlack YY4 Pet Traction Rope Husky golden Retriever Dog Chain Dog Rope Bite-Proof Large Dog Pet Rope (color 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, Buckle-Down MGC-W32848-S Bd Authentic Seatbelt Belt Ny-La Black White Martingale Dog Collar, SmallA2-xl SASA Spring and Summer Corn nest Dog Bed Cat nest Pet Sofa Bed Pet Dog mat, XLwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.HUIFEI Space Capsule Litter Box Pet Sand Pot Cat Supplies Cat Toilet Potty Bowl CleanBuckle-Down DLS-W30624 Leash Splitter-Fright Night Black White Red, 1 W-30 L.

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. Aquarium Manmade Needle Shape Grass Plant Decor 2PCS Green orangeThe 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. bluee Buffalo bluee Homestyle Recipe Dog Small Breed Lamb Dinner 5.5 ozAndrewex wooden gate, garden fence,Decorative Fencing 120 130 x 300cm, varnished, teakDog Leash Vest Leash Dog Chain Red Chest Strap Suit Pet Nylon RopeLast 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.