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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.. ____ Cat Litter Cat Sleeping Bag Four Seasons Universal Pet Winter Warm Cat House Cat Hole Mat Closed Small Milk Cat Litter Pink36 inch White Leather Dog Collar with Brass Plated Decor golden Purity Handcrafted by Artisan(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, Cat Adult Pouch Fish Selection Waitpink 12 x 85g (PACK OF 2)Chase Instruments ASTM3H ASTM American Petroleum Institute Hydrometer, 3H ASTM, 19 to 31 API Range, 0.1mm Interval, 330mm Lengthparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Carmel Ceramica PDSB3003 Dog Food Water Bowl, Baby bluee, SmallAnimal Treasures LBW0309 Birdie Jingle House Bird Toys.

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. 4kg 2xCat Food Indoor Longhair 35 Dry Mix 4 kgbluee MGHMM Pet Bed PP Cotton Pad Four Seasons Universal Waterproof Nonslip Antiskid Soft And Comfortable Multicolor Optional Pet bed (color BROWN, Size S)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. Brown's Pet Range MacroGard Koi & Pond Stickbluee LHCW Stainless Steel Dog food Bowl and Selfdistributing gravity pet drinker, Suitable for Small Medium Cats Dogs (color bluee)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 Cat Carrier Pet Carrier For Small Dogs And Cats Travel Bag (11.4 X 10.6 X 16.5 Lbs).

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. 30 Gm, Pro Plan Veterinary Diets Fortiflora for Cats, Pack of 3bluee MCat Litter Boxes Cat Litter, SemiClosed Cat Litter Cat Sand Pot SemiClosed Easy to Clean Deodorant Pet Toilet (color bluee, Size M)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 bluee MZHBWJSH Feeding Bowl Cat Bowl Dog Bowl Cat Pot Pet Food Bowl Cat Bowl Cat Supplies (White bluee) (color White, Size S) 1 as picturePETFDH Travel Pet Dog Carrier Puppy Cat Carrying Outdoor Bags for Small Dogs Shoulder Bag Soft Pets Dog Kennel Pet Products 3 colors 06Chris Christensen Thick N Thicker Gel 8 Oz. Tubethat 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. color Black Fishagelo Hunting Tactical Skull V4 Avengers Cosplay Toxic Full Face M04 Military CS Airsoft Safety Gas Mask Fishagelo (color color Black)B 70x51x13cmYunYilian Pet Bolster Dog Bed Comfort Dog Bed Cushion cat Litter Small Dog pet nest (color E, Size 60x47x12cm)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,C MSummer Kennel Cat Nest Small Dog Straw Dog House Resistant to Natural Materials Nontoxic Environmentally Friendly Pet Nest, Cool Mat, Ice Pad Can Choose (color C, Size S)Betop House Mirror Surface Faux Leather Tote Purse Dog and Pet Carrier Travel Bag, Black 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, A MONFS HOME Pet Bolster Dog Bed Comfort Washable gold wire side sofa Nest Pet Litter kennel high back square nest cushion dog bed cat Litter Kennel warm canvas, short plush, pp cotton (color A)the parties commit to:whiteo M CZHCFF Summer Breathable Dog Bed Comfortable Mat Pet Dog Puppy Cats Oxford Cloth Pet Cushion Bed Big Dog15 inch War Design Black Leather Dog Collar with Massive Nickel Plates Rococo Style 1 1 2 inch (40 mm) “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.Black Felt basket Pet nest cat bed Cat mat Funny cat basket Cat pocket closed assembly cat nest (color Red)Beeztees Adjustable Orino Food Stand Grey

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, American Paws Pet Products New & Improved 1.5 Gallon Aquaponic Fish Tank Aquarium for Betta Fish & gold Fish with Water Garden Planter Top LidBlack Fish Tank Aquarium LED Lights Desktop Aquarium USB FA30198was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.All Star Dogs Montana Grizzlies Collegiate Cotton Lycra Hooded Dog Shirt (Team color, XSmall)Brown 4531cmPet nest Corduroy PP cotton Mattress Suitable for dogs Cats Small animals Pet nest (color BROWN, Size 45 31cm).

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. bluee Gird LFidgetKute Winter Dog Clothes Outdoor Waterproof Small Large Pet Jacket Clothes Pink XXXLThe 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. Brown Corduroy Pet Nest, Home Teddy Kitten Dog Bed, NonSlip Square Detachable Pet Mat Four Seasons Universal (Size 60×51×24cm)9Lives Real Flaked Tuna & Cheese Bits In Sauce Wet Cat Food, 4 5.5Ounce Cans (Pack of 6)Chevron Stripes Dog Collar Lime Medium 14 to 20 inch Length x 3 4 inch Wide with TagALong ID Tag SystemLast 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.