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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.. ____ Fuchsia Small Fuchsia Small ProDogg Sleeveless Compression Shirt (Small, Fuchsia)Baby-bluee 16.75\ Baby-bluee 16.75\ Real Leather Extra Wide Padded Tapered Dog Collar Glossy Black Greyhound Saluki Deerhound Lurcher Whippet Dachshund (16.75 -20 Neck; 3 Wide, Baby-bluee)(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, 1Pc Faux Leather Breathable Bell Decor Dog Harness Vest Leash Size XL YellowDean & Tyler's DT Fun Chest Support DOG ON DUTY Harness, Large, with 6 ft Padded Puppy Leash.particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Green Medium Green Medium Pet Carrier for Small Dogs Cats Rabbits Cat Travel Carrier Bag Pet Tote Pet Carrier Rucksack Carrier Bag Pet Travel Bag (color Green, Size M)DALL Carriers—— FS-853 Outcrop Design No Deformation Cats And Dogs Pet Package Pet Carrier Travel Bags Durable And Resistant To Bite.

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. 1Pc Fish Tank Artificial Aquatic Grass Plant 4.3-inch High Green Burgundy12 Pack Lincoln Re-Elect For Horses & Ponies An Electrolyte Paste To Replenish Lost Salts Pack Of 12 Or SingleSecond, 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 Large bluee Large Pet Supplies Explosion-Proof Chest Straps Large Dog Pet Leash 4 color Optional (color bluee, Size L)6X Petface Latex Pear Large Dog ToyThird, 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 bluee Dog Toilet Urinal Large Toilet Large Dogs Toilet Bedpan Male Dog Pet Supplies ( color bluee ).

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. 19 M 19 M HYLIUB Pet Carrier Backpack Small Animal Carriers Pet Bag Out Carrying Bag Backpack Travel Supplies Handbag Bag Out Bag 19, MD 49X25X28CM D 49X25X28CM C-Xka Pet Handbags Europe and The United States Fashion Zipper Bag Cats and Dogs Universal Portable Out of The Cat Dog Bag Pu Waterproof Travel Bag, Ventilated DesignThe 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 (Mint Green) Prevue Pet Products Three-Story Hamster & Gerbil Cage Flower S Flower S 3 M Telescopic Traction Rope Pet Leash Multicolor (color Flower, Size S)L L=40in H=9 in Gaobey Self-Warming Cat and Dog Bed Cushion for Medium Large Dogs (L L=40in H=9 in)that 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. 6.9 Equi-Theme EQUITHEME Water Repellent Softshell ShirtDog Tent Portable Pet Tent Perfect For Bringing Indoor Dogs Outside One Step Assembly Takes Only Seconds Pet Tent Bed Suit for Small Dogs and CatThe 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 and Tyler Bundle One DT Fun Works Harness, Certified Service Dog, Reflective, XXSmall + One Padded Puppy Leash, 6 FT Stainless Snap BlackA Pet Hair Clippers,Dog Grooming Clipper,Low Noise Cordless Electric Rechargeable Dog Hair Trimmer,Professional Pet Grooming Clippers 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, Beige Cat Furniture Play Towers and Trees Natural sisal Cat Climbing Frame cat Tree cat Scratch Board Tease Cat Toy 35cm 37cm 62cm (color Beige)the parties commit to:ETbotu Traction String for Pet Chain Ring Bike Fashion xFF0C;Cadena de tracciónxFF0C;Stainless Steel AdjustableBLACK M BLACK M WANGXIAOLIN Pet Bed, Closed Nest, Indoor Small and Medium Dog House, Cat Litter, Yurt Style, Removable and Washable, Warm in All Seasons (color Black, Size M) “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 55x75cm Black 55x75cm xinYxzR Double Layer Honeycomb Cat Litter Trapper Mat Pet Dog Pad Cushion Rug Black 55x75cmAndrewex wooden fence, fencing panel, garden fence 180 x 90, varnished, teak

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, 4.4-Pound Canine Caviar Free Spirit Alkaline Entrée All Life Stages 4.4Lbbluee-2 M bluee-2 M PIAOLING Kennels Kennel Removable and Washable Four Seasons Pet Mat Winter Warm Pet Nest (color bluee-2, Size M)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Kess InHouse Geordanna Cordero-Fields Turquoise Pura Vida Fleece Dog Bed, 50 by 60 , bluee White30 by 40\ Kess InHouse Heidi Jennings Happy Clouds White bluee Fleece Dog Bed, 30 by 40 .

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. Buckle-Down Seatbelt Buckle Dog Collar Death or Glory Close-UP Black 1 Wide Fits 11-17 Neck MediumThe 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 606380cm Brown 606380cm Beds Rainproof and Waterproof Outdoor Doghouse Solid Wood Carbonized House Four Seasons Pet Villa Beds & Furniture (color Brown, Size 60 63 80cm)Laguna PT610 Power Jet Riser Pipe Flow Adjustor, T 1.2cm (1 2-Inch)bluee XL(11075cm) bluee XL(11075cm) Pet Bed Sofa House for Dog Cat,Washable Covers,Durable,Available in All Seasons,4 Size OptionalLast 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.