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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.. ____ BIOPOD SYSTEMS 694592770931 Aqua (with Plant Pack) pet terrariumsbluee pet towel MPEHTEN Warm Dog Bathrobe Super Absorbent Pet Drying Towel Cat Hood Pet Bath Towel Grooming Pet Product XS S M L XL Drop Shipping bluee pet Towel M(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 Carrier Pet Carrier For Small Dogs And Cats Travel Bag (11.4 X 10.6 X 16.5 Lbs)BEITAI Acrylic Bettas Cylinder Isolated Fish Tank Tilted Water Pump Breeding Cylinder Baby Betta Tank Guppy Breeding Aquarium (color Sky bluee)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.AMZNOVA Durable Cat Scratcher Lounge, EcoFriendly Cardboard, colors Series, Wide, PinkBucas BuzzOff Rain Fly Rug.

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. BR Weymouth Bridle Swindon IIAtlantic Water Gardens Replacement Filter Mat for FilterFalls Spillway BF1900Second, 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. BarryL Dog Bed Cat Bed Comfort Grey cream color Square Bed,Comfort Dog, Pet Bed (color A, Size M)bluee SStainless Steel Pets Dog Bowl Travel Food Bowls for Cats Dogs Pink Outdoor Drinking Water Pet Dog Cat Bowls Dish Feeder Tableware (color bluee, Size S)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 Window Perches with a hammock, suction cupmounted Cat nest, singlelayer doublelayer Ultimate cat scratcher Lounge (color Green, Style Double layer).

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. CHAIZIYU Cremation memorial container jar ceramic burial memorial pet and human ash cylinderCatspace tapestrywall Hanging tapestryLazy Furry Feline Pets 93W x 70L InchThe 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 Axiba Play Towers Trees for Cats Cat Climb frame cat den Cat's house cat jumping cat tree for sleeping Games 60cm 260cm 45cm 2.Green Sofa Bed 50cm13cm43cmSofa Bed cat Litter Soft and Comfortable Luxury Bed Teddy golden Hair,1.Pink Sofa Bed,50cm13cm43cmBrown Sitting Buddha AQ PWFD2258S2.Dthat 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. Cat Tree Large Cat Climbing Frame Cat Hole Tree House Cat Grab Column Sisal Solid Wood Cat Jumping Platform Cat Furniture Cat Toys Pet Supplies (color Pink)Brown 284446cmFELICIPP Convenient Chest Bag, Breathable Cat Bag, Out Pet Bag (color Brown, Size 28 44 46cm)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,Animal Treasures 31091 Comfy Pet Bed, 34 , Brownbluee UK 7'3 EU 165cm 87 Masta Avante 170 Fixed Neck Turnout 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, 3x 40 Litre TetraPond Sticks Pet's House 40L TETRA POND STICKS FLOATING KOI FISH goldFISH FOOD DAILY DIET SACK 4.2KG BULKthe parties commit to:4 Pet Pendent Pawprint Rhinestone Bling Flashing Pet Cat Dog Collar Pendant Tags Necklace Collar Pet Supplies Dog Accessories Four Item TotalBLWX Pet Toy Cat Toy Tumbler Cat Pet Supplies Funny Cat Feather Feather Cat Toy Mouse Cat Ball Kitten Cat pet Toy (color B) “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.3seat VGUYFUYH orange Seasons Universal Sofa Cover Polyester Full Package Elasticity SlipProof Home Universal Sofa Cover Simple Fashion One Set Durable DustProof Pet Dog Predective Cover,3SeatBird Feeder 500G Splash Proof Acrylic Pet Parreds Seeds Feeder No Mess

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, B greenigo Lexington Dressage Saddle PadCHBORLESS Pet Dog Classic Knitwear Sweater Warm Winter Puppy Pet Coat Soft Sweater Clothing Small Dogs (XXS, Light bluee)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.(3 Pack) Cadet Duck Dog Treat (28 Ounce Per Pack)5 Summer Home Bird Houses.

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. Cold White LL 10M(2x5M) 72Watts 300LED 5050SMD NOWaterproof Warm Flannel Cool White blueeish Normal Brightness Flexible LED Light Bar Strip (DC 12V) (color Cold White)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. BuckleDown DL6FTWJK006 Dog Leash, Joker DIE LAUGHING HAHA Black Purple Green, 6'Casper DOGBDSBBUUSJEF Memory Foam Pet Bed, Small, blueeBlack Dot SPet Soft &Comfy Bowtie Dog Collar And Cat Collar Pet Gift For Dogs And Cats 6 Size And 7 PatternsLast 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.