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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 M GREEN M JIANXIN Dog Bowl, Dog Bowl, Cat Lunch Box, Suitable for Pets (color Green, Size M)GAOJIN6868 Cat Tower With Double Condos Natural Sisal Cover Multi-level Cat Tree Multi-layer Platform Comfortable Cat Litter Cat Tunnel Stable Chassis Hanging Ball Height Is 114 Cm(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, (3 Pack) Nylabone Dura Chew Femur Bone Dog Chews, Bacon Flavor Size Monster XLHomyl Strong Linen Puppy Dog Training Bite Sleeve Arm Predection for Schutzhund Predectiveparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Black XF Black XF Horze Gironde BridleFurHaven Pet Dog Bed Memory Foam Plush & Suede Couch Sofa-Style Pet Bed for Dogs & Cats, Espresso, Jumbo.

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. Aviary Breeding Bird Finch Parakeet Finch Flight Cage 24 x 16 x 16 WhiteDouble Barrel Square Concho Dog Collar Large Mossy OakSecond, 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. Habitrail OVO Dwarf Hamster Cage, Small Animal Habitat, Hamster AccessoriesC 69x44cm C 69x44cm WUTOLUO Pet Bolster Dog Bed Comfort Soft Square Pet Mat pet Chenille Carpet Dog carpet non-slip water suction comfort (color C, Size 69x44cm)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 Extra Small 7\ Pet Tease Bone Frill Dog Dress, Extra Small, White with Rhinestone Image.

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. Collar with Learn + Training (Pack of 1, XXS, 24 cm Long and 10 mm wide Natural Brown LeatherCoral Pumpkin orange Large Coral Pumpkin orange Large 2PET Slow Feed Dog Bowl Slowly Bowly Fun Interactive Dog Dish for Fast Eaters. Prevent Bloating. Fun to Use Dog Bowl. Cat Feeder Friendly. [Skid Predection Upgraded]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 Black Pet Dog Electric USB Rechargeable Pet Nail Polisher Clippers Cat and Dog Cleaning Nail Scissors 50-90 lbs Aspen Pet Ruff Hauz Off Set Door, 50-90-PoundFidgetGear Electric Pet Hair Trimmer Professional Dog Shaver Cat Animals Grooming Clipperthat 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. Hunter Rope Birds Mallard Dog ToyInsect Killer Light, LED Mosquito Killer Second Gear Mode E26 E27 USB Led Ultrapurple Mosquito KillerThe 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,DC 5V USB Electric UV LED Light Mosquito Killer Lamp Pest Contorl Killing Insect Repellent Anti Fly Bug Traps ZapperDeep bluee MagiDeal Pet Carrier Soft Denim Dog Sling Backpack Cat Puppy Comfort Travel Tote Single Shoulder Bag Deep bluee 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, Jumbo Precision Pet 6000 Fleece Crate Bed 48 in. x 30 in.the parties commit to:Aquael Aquarium Set Leddy RE 80 White, 75 x 35 x 40 cm, 105 LitresDogiman rabbit toys good friend carreds “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.Bamboo 1018cm Bamboo 1018cm Hengtongtongxun Pet Urn,Cremation Urns for Pets,Functional Urn,Ceramic Sealed,Moisture Proof,Keepsake Box for Dogs and Cats,10 18cm Soul Place (Size 10 18cm, Style Bamboo)Earth Animal No Hide Venison Chew Stix, 10 Stix Per Pack (3 Packs = 30 Count)

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, bluee S bluee S YT- Pet Dog Bed Orthopedic Sofa-Style Couch Pet Bed for Dogs & Cats, Waterproof (color bluee, Size S)DT Fun Harness, Kiss Me I Am Irish, Black with Reflective Trim, X-Small Fits Girth Size 20-Inch to 23-Inchwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.33.3FT OCSOSO Nylon Pet Lead Durable Classic Dog Cat Leash Green (33.3FT)A S A S Teng Peng Pet travel bag, suitable for cats and dogs pet travel bags, storage bags, aviation, train and car travel carrying bags, mesh comfortable and breathable handbags Pet supplies pet bag.

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. 159 Water Pump Pet's House EDEN AQUARIUM WATER PUMP FOR FISH TANK WITH ADJUSTABLE FLOW RATE SUBMERSIBLEThe 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. Dean & Tyler DT Cobra Emotional Support Animal No Pull Harness, Large, Black4.5 Monta StreetMatch Megatron Ball Denim YellowA Axiba Pet Stroller Portable dog, cat, cart, trolley, Guanche, quick-fixLast 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.