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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.. ____ M Aiwind Red Cat Dog Sweater Turtleneck Collar Knitwear for Cat Kitten Dog Puppy (A, M)Kwik Stop 1 2 oz(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, 1 Hengtongtongxun Box Jar Urn Box Pet Sealing Jar Can Be Used for Many Purposes Domestic Large Dogs Died Coffin The Latest Style, Multi-Function (Design 1)Chrome Frame, Smoke Lens Extra Small Chrome Frame, Smoke Lens Extra Small Doggles ILS Extra Small Chrome Frame and Smoke Lensparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Imitated Sea Anemone Hotab Aquarium Decoration Imitated Coral Luminous Resin Water Plants Aquatic Fish Tank Landscape OrnamentChrome plated Rest Proof Steel 38cm (15\ Chrome plated Rest Proof Steel 38cm (15\ Herm Sprenger Medium Choke Chain with Toggle (40cm (16 ) length 25mm (1 ) Width).

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. Coyote Brown Upgraded Version M 41cm Coyote Brown Upgraded Version M 41cm OneTigrey Tactical Dog Training Vest Harness with Mesh Padding and Two Handles (Coyote Brown Upgraded Version, M 41cm)Black Exclusive Real Leather Dog and Cat Carrier Bag Size XS SSecond, 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. 25 by 46-Inch Snoozer 66122 25 by 46-Inch Cedar-Poly Pet Crate Pads in 12 Sizes, NavyKarlie No Limit Harness, 65-100 cm x 25 mm, BlackThird, 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 Buckle-Down MGC-W31202-M Leopard Brown Martingale Dog Collar, Medium.

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. Doggie Tank Top, Princess, Pink, Large by Ruff Ruff & MeowGreen dot bed M 65x50x18cm green dot bed M 65x50x18cm Big Size Extra Large Dog Bed House Sofa Two Sides Congreenible All Seasons Kennel Soft Fleece Pet Dog Cat Warm Bed S M L, Green dot Bed,M 65x50x18cmThe 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 2PK 12OZ Finch Feeder by Mr. Canary BROWN Unique Oxford Pet Travel Carrier for Medium Puppy and Cats-for Medium Puppy and Cats,Expandable Soft Sided Pet Tote Carriers Bags (color Brown)Jeffries Premier Bridle Headstall Snaffle Bridle Cob havanathat 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. Bousnic Replaced Remote for Dog Training CollarB 564543 B 564543 Tunnel Dual-use Kennel Cat Litter Winter Pet Supplies Pet Nest.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,Dean & Tyler Universal No Pull Dog Harness, Border Patrol Dog, Black, Medium, Fits Girth Size 66cm to 81cmDog Cat Car Seat Cover Dog Car Back Seat Waterproof Scratch-Proof Nonslip Durable Soft Pet Mat Hammock Cushion Predector 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, Havana Extra Full Havana Extra Full Caldene Bridle Flash Patent Crocodile with Reinsthe parties commit to:1Pc Plastic Aquarium Artificial Round Leaves Plant Ornament504020cm Kennel GAOLILI Washable Teddy Bear golden Retriever Pet Garbage Samoyed Large Dog Bedding Autumn And Winter (Size 50 40 20cm) “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.C S(50X45X10CM) C S(50X45X10CM) Dog House Washable Four Seasons General Teddy golden Retriever Large Dog Mat Comfortable Warm KennelDean & Tyler 34 to 47-Inch Rescue K9 Pet Harness with Padded Reflective Chest Straps, Large, orange 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, Black M Black M WZPB Dog Harness No Pull Comfort Padded Vest Puppy CatL 30 Inches x 40 Inches Kess InHouse Ginger colorful Geometry Name Fleece Dog Bed, 30 by 40-Inch, Rainbow Tanwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Large Removable And Washable Kennel Cat Litter Moisture-proof Wear-resistant Non-stick Hair Size Dog Mat Mat Bed House Pet Supplies WHLONG (Size LARGE)DIYthinker Headset Music Vitality Sounds Dog Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift.

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. A WKMJUSX Cat Litter Nest Bed Pet Nest Autumn And Winter Warm Cotton Nest Rabbit Ears Cat Litter Strong, Breathable, Wear-resistant, Strong Bite Resistance (color A)The 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. L-XL 90 x 90cm Knuffelwuff 14094-001 Wooden Dog Bed LandonJulius-K9 16IDC-C-M IDC Power Harness, Size Mini (49-67cm 19.5-26.5 ), CamouflageBlack XS Black XS Outdoor Removable Logo Reflective Dog Harness (XS, Black) Measures 16 21 Chest CircumferenceLast 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.