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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.. ____ bluee Glass STD bluee Glass STD Equine Couture Beatta All Purpose Saddle PadM Desti Flakes Pet Felt Cat Litter Cat Bed Cute Princess Four Seasons Universal Closed Villa Removable and Washable (Size 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, Marina 75 Air Pump by MarinaJiedoasi Foldable Hollow Pet Cooling Mat Dog Cooler Mat Ventilated Aluminum Alloy Material Pet Bedparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.1 as picture 1 as picture Travel Pet Dog Carrier Puppy Cat Carrying Outdoor Bags For Small Dogs Shoulder Bag Soft Pets Dog Kennel Pet Products 3 colors 01 As PictureAPI Pond ACCU-Clear Pond Water Clarifier 64-Ounce Bottle.

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. LITING Kennel Large Dog Puppies Dog Mat Growth Dog Washable Four Seasons Dog Bed Sofa Pet NestDIYthinker Black Chemical Molecular Structure Illustration Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftSecond, 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. 30-Inch Ppinklect Sure Ex Pen, 30-Inch, BlackKYCD Summer Cat Litter, Removable And Washable, Seasonal Felt Cylinder Closed, English Short Cat Litter, Cat Mat, Cat Supplies, Pet SuppliesThird, 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 (40 Cubic Inches, Brushed Pewter) Near & Dear Pet Memorials Classic Brass Pet Cremation Urn.

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. 75 ft Travel Trolley Tumbo 75 ft Travel Trolley (Anti-Shock on The go Dog Trolley Containment System) with Our Kevlar Rope for Easy Set upBrightwell Aquatics Florin Delta GH+, 250 gramsThe 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 A Pet nest cat climbing frame big cat litter cat tree sisal tree house cat scratch board cat frame small and medium cat jumping platform swing cat claw board resistant to scratch purple L Onnear Elevated Pet Bowl,Rubber Wood Timber Feeding Stations,Feeder and Water 2 In 1,Stainless Steel Pet Feeder,for Dogs Cats and Pets,Four Sizes are Available (Size L)Heitronic 35956 Floorlight – EE27 Parts Bin – Greythat 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. Brit Care Cat Missy 7 kg.Crochet Mouse Cat Toy 2 Pk PinkThe 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,IRIS Open Top Cat Litter Box with Scoop, TanInnovative Pet Products 10-Feet Hip Leash, Standard, Red and 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, KESS InHouse Alison Coxon Paradise Yellow 2 Yellow Teal Digital Dog Bed, 30 x 40 the parties commit to:Brown 353042cm Brown 353042cm Backpacks Pet bag out shoulder dog cat bag portable take-out bag chest back cat bag brown gift (color Brown, Size 35 30 42cm)Dean & Tyler 21 to 26-Inch Air-Scent Dog Works Harness, X-Small, orange Black “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.bluee Pet Bath Tub Portable Foldable Pool Dogs Cats Bathing Tub Bathtub Wash Tub Water Pond Pool 815 490 230MMLTWHOME Value Pack of Carbon Filters, Corase Filters and Fine Filters Set Fit for Eheim Ecco Pro 130 200 300 Ecco 2232 2234 2236(Pack of 30)

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 M(50X50X22CM) B M(50X50X22CM) GZDXHN Dog House In The Autumn And Winter Stepping On The Milk Cat Nest Winter Warm Pet Nest Round Depth Kennel Pet Nest Pet SuppliesCoastal RASCALS Latex Football 4+ACI-was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.LLIND Pet Supplies 2 in 1 Pet Mat Dog Cats Puppy Cooling Pad Cushion Cold Bed Ma Pet Bed Blanket Dual Use Pet Cooling Sleeping Mat (Pink,M)Battery model Reflective Clothing LED Reflective Vest Safety Clothing Reflective Clothing Safety Vest (color Battery Model).

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. Black Small Black Small OSdream Tactical Dog Vest Training Molle Harness MOLLE System with PALS WebbingThe 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. A Daeou Pet StrollerDoggy out trolley, portable, fast Guanche56cm Soft Warm Pet Dog Cat Bed House Plush Cozy Nest Mat Pad Cushion Cave1.5\ Buckle-Down DC-WDY043-WM Dog Collar Seatbelt Buckle, Black White Red, 1.5 by 16-23 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.