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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.. ____ 10 to 13Inch Puppy Bumpers Rainbow Paw Puppy Bumper,10 to 13Inch7 Astronaut Pet Cat Dog Puppy Carrier Travel Bag Space Capsule Backpack Breathable(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 Window Perches with a hammock, suction cupmounted Cat nest, singlelayer doublelayer Ultimate cat scratcher Lounge (color Green, Style Double layer)15L Portable Collapsible Basin wash Basin Travel Large washbasin wash Foot Bucket Outdoor Foam Bag Travel tubparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.C Pet Carrier Backpack AntiEscape Cat Carrier Backpack Dog Travel Carriers Space Capsule Bubble Backpack Carriers for Small DogsA6 Large 55X50X30CMZcx Cartoon Threedimensional Cotton Padded Kennel Lambskin Thick Pet Nest Cat Litter (color A2, Size Large 55X50X30CM).

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. All Star Dogs Northern Arizona Lumberjacks Polar Fleece Hooded Dog Jacket, XSmall60×45×15cm ZXL Orthopedic Pet Bed, for Medium Small Dog, Removable and Washable, Durable Dog Bed, Red (Size 60×45×15cm)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. Carrier Dog Cat Space Capsule Shaped Pet Travel Carrying Breathable Shoulder Backpack Outside Travel Portable Bag PetCat Tunnel Toy, Collapsible, Kitten Indoor Toys(Yellow)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 Black YILANS Pet Backpack, Waterproof And Breathable Doomed Traveler Bubble Dog Cat Breathable Space Pet Astronaut Capsule Backpack Filled Soft Cat And Puppy Outdoor Travel Walk,White.

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. Cat Tunnel 3 Way Foldable Crinkle Cat Tube with Dangling Ball Great for Cats,Kitties and Rabbit and Small Puppy Indoor Outdoor Sports, Hide, Train and RunCeramics Dog Bowls for Food and Water, Pet Feeder Bowl, Oblique Mouth High and Low Shallow Mouth, Suitable for Small Medium Size Dog and CatsThe 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 blueemax Genuine Leather Full Grain Cow Dog Leash with Bone Stud, 1Inch by 4Feet, Medium Brown Aibushishou Rainproof Safety Lights for Dogs, Cats, or Night Visitors for Night Walks, Including Extra Battery,Replacement,pet Collar LED Mix color Lights Flash tag ID Tags (16 pcs)Absorption Corp Carefresh Pet Bedding, Confetti, 10Liter by Monster Petsthat 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. Coastal Dog Toys Li'l Pals Fleece BoneCKH Waterproof Multifrequency Vibration Tonguelicking, Yinlicking And Eggjumping Female Masturbator With Wireless Remote ControlThe 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,Alfie Pet Petoga Couture Tory Diaper Dog Sanitary Pantie 3Piece Set Size XSAquarium Sponge Filter Biochemical Shrimp Fish Tank Air Pump Double Head 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, [6 in 1] Professional Pet Grooming Scissors Set, Perfect Trimming Kit for Dog or Cat, Durable Stainless Steel Provided with 7.5 inch Cutting Scissors, Thinning Shear, 2 Curved Scissors, Combthe parties commit to:Aquatic Aquarium Giant Column Ruins Fish Tank Ornament 17x16x28cmBEITAI Cat Dog Bed House Personalized Camo Dog Nest Fabric Pet Waterloo Detachable Wash Pet Products for Kennel 2in “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.Cat Tree Stand. 21 Group Mojo Cat Tree StandAIXIAO Pet Carrier Backpack Mesh Top Opening Soft Sided Pet Backpacks Outdoor Travel Bag for Dogs and Cats (color 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, Aquarium Fish Tank Round LED Up Air Bubble Light Lamp Air StoneAround The HalfChoke Chain 4 Rows, 65 cm (50 to 60 cm), Dog Control Collar (color , Size )was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.A 61x48x18cmWUTOLUO Pet Bolster Dog Bed Comfort Lamb Fleece Oxford Blabrado Kimmau Pet nest (color B, Size 90x70x20cm)Black Wool and Black Fur Dog Harness Coat.

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. 218x24 Washable Reusable Dog Training Puppy Pee Pads Potty piddle yokie Maltese by training padsThe 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. Brushes Dog Brush Cat Brush Shedding Tools Hair Removal Mitts&RollersDedicated Cleaning Mane Artifact Pet Dog Supplies Haiming (color Soft Tooth)Aiuook Squeaky Plush Dog Toy, Chewable and Soft Puppy Toy for Small Dogs20 kg nibble snack, rodent food, feedLast 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.