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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.. ____ orange XL orange XL BINGPET Dog Cooling Jacket Evaporative Swamp Cooler Vest Reflective Safety Pet Hunting Harness, orange Extra Largeorange XL orange XL Dog Hiking Packs, Foldable Breathable Pets Saddlebag Backpack Carrying Bags for for Medium & Large Dogs Outdoor Travel Camping Training to Storage Snack Daily Necessities (XL, orange)(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, orange XL orange XL Jim Hugh Dog Mat Cozy Pet Dog Cat Coral Fleece Blanket Winter Soft Solid Puppy Cushion Pet Carpet Durable Dog Bed Pet Suppliesorange XL orange XL Pet Life Jacket Dog Swimsuit Teddy Swim Vest Summer golden Hair Big Dog Costume Puppy Safety Clothes Small Dog (color orange, Size XL)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.orange XL(67-90cm) orange XL(67-90cm) Dog Vest Harness, Soft Close-Fitting Chest Strap Breathable golden Hair Satsuma Reflective Outdoor Training Leash Collar Pet Supplies Adjustable Neck Chest Safety Bufferorange X-Large orange X-Large Kruuse Rogz Lumberjack Reflective Nylon Step In Dog Harness (X-Large) (orange).

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. orange XS orange XS AUSWIEI Pet Clothes Halloween Big Dog Clothes Pumpkin Dress Cosplay Large Dog Clothes (color orange, Size XS)orange XS orange XS Pet Bed Short Plush Dog House Four Seasons Universal Slip Soft Comfort Cool Breathable and Durable Warm Pet Bed (color orange, Size XS)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. orange X-Small orange X-Small EcoBark The Original Control Dog Harness 4-6 lbs; No Pull & No Choke Design, Luxurious Padded Vest, Eco-Friendly, for Puppies and Dogs (X-Small, orange)orange XXL orange XXL CLOTHES Men's Cotton Coat, Slim Men's Clothing, Winter Hooded Cotton Suit, Men's Large Size Cotton ClothingThird, 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 orange ZHAO ZHANQIANG Kennel, pet mat, small, medium-sized dog, large dog supplies, bed dog house, four seasons universal (color orange).

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. orange bluee One Size orange bluee One Size pinkwood Dog Agility Hurdle Kit (One Size) (orange bluee)orangeedging Dog Car Seat Cover with Safety Belt Outdoor Travel Folding 600D Waterproof Nonslip Polyester Quilted Pet Dog Car Hammock Seat CoverThe 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 Ordinary Section 80cm Ordinary Section 80cm Premium Dog’s Bed, can be Separated Cleaning PP Cotton Warm Four Seasons Common cave Green (color Ordinary Section, Size 80cm) Pack of 50 LTWHOME Compatible Foam Filters Non-Branded Suitable For Fluval Biolife (Tropiquarium)(Pack of 50)Package A L Package A L GXFDP Dogs Bed House Cat Nest Pet Cave Pet Warm Sleeping Bag Small Medium Large Dogs Best Pet Supplies Full Removable Wash Four Seasons Universal (color Package A, Size L)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. Organic & Natural Bully Sticks 10-11 Supreme (10 Pack) 600g Free Range, Grass-fed Beef, Free of Any Hormones, antibiotics or additivesOrigin Point Garden Zone 24x100 1 2x1 16-Gauge Welded WireThe 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,Original Version Chunky Chews 8 Braided Rawhide Rings For Large Dogs (Beef, 1-Pack)Orijen Senior Dog Food Orijen Senior Dog Food 15 lb 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, Orvis Panel Zig-zag Dog Gates 36 h Four-panel Gate Covers Up To A 6' Span, Weighs 28 1 2 Lbs, Cinnamon,the parties commit to:Paris Tack Triple Layer English Stirrup Leathers with Riveted Buckles- 54 Parred Cage Toy, Bird Swing Toys Bell colorful Wood Beads, Bird Perch Wooden Hammock Hanging Cages Decorative Accessories 3 Pcs “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.Osprey Wise Cage Feeder Green x 5 KgOster Blade A5 Size 10

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, Patchwork Pet Spotted Frog 8-Inch Squeak Toy for DogsPatty Both Shark Pet House with Removable Bed Cushion Mat for Dogs and Catswas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Oster Kazu 8-Inch Straight ShearOster Shearing Comb, 20-Tooth Blocking.

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. Paw Osteosupport Dog Capsules 150pThe 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. PawHut 1.8m Wooden Pet Seesaw Activity Sport Dog Training Agility Obedience Equipment Toy Pet Supplies Weather ResistantOTENGD Pet Travel Carrier Soft-Sided Backpack Collapsible Compatible Bag Grid Design Double Row Adjustment Buckle Designed for Cats Dogs Kittens Puppies GreyOuguan Luxury Pet Car Seat Cover With Seat Anchors for Cars, Trucks, and Suv's Black, WaterProof & NonSlip Backing 147CM137CM 57.87in53.94 (Without Side Flaps)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.