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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 Car Auto Universal Tube Air Filter Adjustable Cold Air Injection Intake System Pipe Without Air Filter(bluee)Uniqus Car Cleaning Brush, Size 63 x 10cm, Random color Delivery(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 Car Key Blank Flip Floding Remote Key Blade for Hyundai Elantra Tucson Accent Kia Forte Remote Key (NO 33 36 50 86 )Uniqus Car Roof Ceiling Decoration 5V Red Green LED Star Night Lights Projector Atmosphere Galaxy Lampparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Uniqus Car Travel Inflatable Mattress Air Bed Camping Universal SUV Back Seat Couch(Grey)Uniqus Caution Wet Floor Sign Cleaning Slippery Warning Both Side Safety Hazard Warning Frame.

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 D19 Necklace Style Mini Realtime GPS Tracker, LBS + WiFi + GPS, SOS, Voice Monitor, Two Way Audio (Red)Uniqus DC 24V to 12V Car Power Step-Down Transformer, Rated Output Current 45ASecond, 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 DC12V 35W 2X H1 Slim HID Xenon Light, High Intensity Discharge Lamp, color Temperature 8000KUniqus Dual-Purpose Rebound Memory Foam Car Headrest Pillow Breathable Waist Back Cushion(Purple)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 Uniqus GS98C Car DVR Camera 2.7 inch LCD Screen HD 2304 x 1296P 170 Degree Wide Angle Viewing, Support Motion Detection TF Card G-Sensor HDMI(Black).

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 HSC YC-19 Car Cup Charger 2.1A 1A Dual USB Ports Car 12V-24V Charger with 2-Socket Cigarette and Card Socket(bluee)Uniqus IPHCAR G262 H1 3.0 inch 12V Bi-Xenon Projector Lens Headlight with Exquisite Angle Eyes Decoration for Right Driving (Green)The 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 JIEKAI 105 Full Face Helmet Electromobile Motorcycle Double Lens Predective Helmet, Size XXL (Matte Black+color) Uxcell® 3pcs 4.9 x 0.8 Inch White Round Sponge Catridge Filter Replacement for AquariumVADIGRAN Tignes Stone with Stand 45 x 28 x 139,8 cm for Wild Bird Animalthat 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 KS-SF22R IP55 Waterproof Wireless 113dB Vibration Burglar Sensor Alarm with Remote Control for Vehicle Bicycle Electric BicycleUniqus Momo Car Modified 33.5cm Metal + ABS Racing Sport Horn Button Steering Wheel(Brown)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 Motorcycle Full Face Riding Helmet Clear Lens Shield Helmet(Pink)Uniqus Nonslip Folding Car Rear Back Seat Cover Pet Cat Dog Cushion Mat, Size 154 x 140 x 42 cm (Red) 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 RF-V13 Real Time GSM Mini Smart Door Alarmthe parties commit to:Vet One 840235138242 10-4 oz Resealable Neat Treats Soft Chews for DogsVetericyn Plus Equine Wound & Skin Care 16oz by Vetericyn “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 Sparco Universal Car Gear Shift Knob Modified Car Gear Shift Knob Auto Transmission Shift Lever Knob Metal Gear Knobs(Black & bluee)Uniqus SUVPR RF-20A DC 24V to 12V Car Negative Booster Power Ingreener Adapter

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, VetriScience Laboratories Express Ease Digestive and Anal Gland Support for Dogs 15 Chewable Bars Net Wt. 6.2 oz (176.3g)VETSENSE Vitamin B Complex 3KG (WVSVBC3)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Uniqus Universal 2.5m Car Front Bumper Lip Splitter Spoiler Skirt Adhesive Predector(bluee)Uniqus Universal Dice Shape Car Gear Shift Knob Modified Car Gear Shift Knob Auto Transmission Shift Lever Knob Gear Knobs.

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. VidaXL 34x Decking Boards for Intex Bestway Spa WPC 255x210cm Grey Deck TilesThe 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. Video doorbell Video Doorbell-Video Intercom-7inch Monitor Smart Video Door Phone Kit Monitor Night Vision Electronically Controlled Unlocking Rustproof and Anticorrosive Alumina PanelUniqus V28 Necklace Style GSM Mini LBS WiFi AGPS Tracker SOS Communicator(Pink)Uniqus ZONGYUAN 6m×3.5cm 3 Ton Car Bundled Device with Hook and Buckle High Strength Cable Cord Heavy Duty Recovery Securing Accessories for Cars Trucks(orange)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.