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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.. ____ Uniqus 55W H3 4300K 3200LM HID Xenon Light Conversion Kit with High Intensity Discharge Slim Ballast, Warm WhiteUniqus 5m 0.5m Ice bluee Metallic Matte ICY Ice Car Decal Wrap Auto Wrapping Vehicle Sticker Motorcycle Sheet Tint Vinyl Air Bubble Free(Coffee)(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, Uniqus 6.8A 80W Plastic Shell 3 Sockets in 1 Car Cigarette Lighter Car Charger Car Socket with 4 USB Ports and a Control Switch(White)Uniqus 7.0 inch TFT Touch-Screen Car GPS Navigator, Built in 4GB Memory, Mini USB Port, Touch Pen, Voice Broadcast, FM Radio Function, Built-in Speaker, Resolutions 800 x 480(Black)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Uniqus 80 LEDs Car Third Brake Light, DC 12V Cable Length 80cm(Red Light)Uniqus A Pair Universal Car Seat Catcher Gap Console Filler Seat Side Pocket Organizer Catcher Leak-Proof Seat Crevice Storage Bags(Khaki).

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. Uniqus Air Compressor with Pressure Gauge And Three Nozzle Adapters, Portable Metal Cylinder Tire Inflator Compressor for Cars Vans Air Mattress Balls 150 PSI 35L min Maximum Voltage DC 12V Maximum Amperage Draw 14AUniqus AUTOOL X50 Plus HUD Head-up Display Water Temperature Meter Odometer Car OBD Smart Digital Meter & Alarm Clock Car OBD2 Smart Multi-Function Digital Alarm MeterSecond, 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. Uniqus blueetooth Hands-Free Kit with 2 USB Port Car Charger, Support Music Play & Hands-Free Answer Phone & FM FunctionUniqus Car ABS Leather Wrapped Armrest Box with Fast Charge USB Holes and Cables for 2015 Honda CityThird, 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 Uniqus Car Key Blank Flip Floding Remote Key Blade for Hyundai Elantra Tucson Accent Kia Forte Remote Key (NO 33 36 50 86 ).

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. Uniqus Car Security Waterproof Alarm & Keyless Entry Locking System with 4 Car Power Door Lock Actuator MotorsUniqus CK-6601 Car Vacuum Cleaner, DC 12V 100W Wet & Dry Auto Vacuum Cleaner Portable Handheld Vacuum Cleaner Dust Buster Hand Vacuum with 4m Power CordThe 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 Uniqus DC 12V 10 colors 5 inch 120mm Performance Instrumentation Universal Auto Meter Gauge Oil Temp Gauge Auto Gauge Racing Car Meter USregulations 25W USregulations 25W Submersible Aquarium Heater Auto Thermostat Heater with Suction,LED Small Mini Temperature Display Aquarium Fish Tank Heater for Fish Tank Water-FiveUxcell 15.7 x 11.8 x 1.6 inch Black Sponge Filter Cartridge Replacement for Aquarium 2 Pcsthat 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. Uniqus DC12V 35W H4-3 HID Xenon Light Single Beam Super Vision Waterproof Head Lamp with One Cable, color Temperature 6000K, Pack of 2Uniqus Fashionable Texture Universal Rubber Car Steering Wheel Cover Sets Four Seasons General (Black)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,Uniqus G705 5 inch LCD Touch Screen Rear View Mirror Car Recorder with Separate Camera, 170 Degree Wide Angle Viewing, Support Loop Video Motion Detection G-Sensor TF CardUniqus GT2000ZL HD 1080P 3.0 inch Screen Display Vehicle DVR, Novatek Program, 170 Degree Wide Angle Viewing, Support Motion Detection, TF HDMI AV(White) 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, Uniqus Jtron On Off Car Battery Switch Car Battery Master Switch MAX DC 32V 100A Cont 150A INT Use for Cars Off-Road Vehicle Truckthe parties commit to:VAXT Sizing 18 17cm, Point Pet Supplies Cat Toys Electric redating 360 Degree Feather Synergistic Toy Funny Cat StickVENTED LOOP 1-1 2 MF840 “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.Uniqus Mini GPS Smart Tracker with Desk Charger, Support SOS Falling Alarm Monitor GSMUniqus Motorcycle Helmet Riding Mask Goggles Set Outdoor Wind and Sand Resistant Off-Road Harley Goggles Removable Masks(Colour)

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, Version C MAGAI Oxygenating Pump Accessories of Splitter Control Valve for Fish Tank (Size Version C)Vet’s Best Dog Toothbrush and Enzymatic Toothpaste Set Teeth Cleaning and Fresh Breath Kit with Dental Care Guide Vet Formulatedwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Uniqus Omp Deep Disc 6 Bolts Car Modified Racing Sport Horn Button Steering Wheel, Diameter About 35cmUniqus PS-5506 Universal Car Magnetic Roof Mount Base Radio AM FM Aerial Amplified Antenna(Silver).

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. VETNOVA vn-far-0048 Secret Conditioner – 500 GRThe 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. Vet's Best 1 Count Perfect Fit Washable Male Dog Wrap, Large X-Large by Vet's BestUniqus Retractable Effort Tire WrenchUniqus Sparco Car Roof Cargo Bag Non-Slip Shockproof Predective Grid Mat Mesh Shape Net Pocket Roof Shelter, Size 57 43.5cmLast 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.