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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.. ____ 13.5 SPRENGER KK ULTRA 18 mm Eggbutt SENSOGAN with 70 mm Stainless Steel Olive Head RingsFlourish Potassium, 2 L 67.6 fl. 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, 3 4\ Lupine 3 4-Inch Tail Feathers 4-Feet Dog LeashExtend Joint Care for Cats One Month Supply- Glucosamine for Catsparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.3 x Bags On Board Neutral Refill Rolls, Pack of 120Aquarium Masters SmartTemp+ Advanced 100W Heater.

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. 3 backrest L 3 backrest L Soft and Comfortable Removable Brown pet Bed Dog Bed Sleeping Bag Pet cat Dog cave120 90cm 100 80cm 80 60cm 60 45cm (color 3 backrest, Size L)Green M Green M LYLa Multi-function Breathable Cage Cat And Dog Portable Travel Transport Car Out Of Consignment convenient (color Green, Size M)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. bluee Size 16 bluee Size 16 Mirage Pet Products Sprinkles Ice Cream Dog Collar with Clear Crystals, Size 16, blueeB M.43x39x37cm B M.43x39x37cm Pet Mat Nest, Bed, Dual-use Four Seasons Common Hole Square Pet Room Warm House Cat Nest Dog House Warm DoghouseThird, 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 A&E Cage HB46686 Beta Carredene 3 Pack.

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. Country Brook DesignTM Patterned Martingale Dog Collar & Leash Set-Native Southwestern-LM Barlingrock Pet Cat Dog Puppy Bed House, Lady Multifunction Doublelayer Tartan Plaid Blanket Scarf Wrap Shawl, Winter Warm Cushion Durable Washable Rest Pad Nest Crate Mat Pad for Small Dog KittenThe 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 Eheim Compact 300-300L H Max 0.5MTR DIYthinker British Bus London Eyes Big Ben UK Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftBuckle-Down Alice Cheshire Cat Flowers Poses2 Follow Me to Wonderland Plastic Clip Collar, Small 9-15that 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. 800W lingyun Quartz Digital Fish Tank Heater Small Intelligent Thermostat, Cylinder Remote Temperature Controller, Overheat PredectionA Medium A Medium Guofangfang Pet Hand Bag, Winter Warm Small and Medium-sized Dog Removable Washable Universal Portable Travel Handcuffs Pet Cat Bag (color A, Size M)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,Catsan Hygiene Cat Litter 20L (PACK OF 6)Buckle-Down Ball Stripes Tan bluee Burgundy Martingale Dog Collar, 1 Wide-Fits 9-15 Neck-Small 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, KESS InHouse Jane Smith Hamsa Pink Pattern Dog Bed, 50 x 40 the parties commit to:1\ Weaver Pet Beaded Basket Weave Dog CollarCob Full Face Fly Mask Detachable Nose “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.Lex & Max COVER BEANBAG PROF 100X70 orangeDoggie Dooley 3500 Standard Leach-Bed-Style Toilet

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, 22x40x45cm(9x16x18) Plastic Step-On Trash Can Hands-Free Disposal,Pedal-Type Trash can Kitchen Living Room Bedroom Sorting Trash can,22x40x45cm(9x16x18)Hexiansheng Cat Climb Trees Pet Large Solid Wood cat Platform The coarse Pillar 60 50 140.5cm of sisalwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.4 Small 4 Small HeiPlaine Pet Sofa Pet Tent Cute Beautiful Pet Bed Small Dog Pet House Removable And Washable Pet Supplies Autumn And Winter Thick Mat (color 04, Size Small)DomyBeste Pet Cat Puppy Dog Supplies Lock Lockable Safe Flap Door Gate Black.

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. Burgundy S Burgundy S EzyDog Congreen HarnessThe 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. HOWND Butch Leather Natural Cologne for DogsBlack Dog Seat Cover, Car Seat Cover for Pets,Pet Seat Cover, Waterproof Scratch Proof Nonslip Durable Soft Pet Back Seat Covers for Cars Trucks and SUVs AUTOFAN, BlackC 474752cm C 474752cm Dog Bed Cat House Portable dog tent Removable and washable pet pad Pet supplies (color C, Size 474752cm)Last 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.