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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.. ____ OurPets 1400013112 Kitty Potty No Touch Litter Box SystemOurpets Company Go Cat Go Action Bulk 36 Piece 1081111761(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, OurPets PlayNSqueak Catty Whack Replacement Feathers by Play-N-SqueakOut word hound (Outward Hound) Invincible's mini hedgehogparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.OUTAD Mouse Trap Log Roll Into Bucket Rolling Mice Rat Stick Rodent Spin TrapOutdoor Bird Feeder Squirrel-proof Metal Hanging Wild Bird Feeder Bird Seed Feeder Catcher Garden Patio House Decor for Finch Cardinal blueebird Hummingbird 15 (38.5cm).

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. Outdoor Dog Carrier Pet Carriers Pet Bag Backpack Cat Bag Travel,Easily Carries Pet BagPOutdoor Fly Catcher Fly Trap Trapping Flies Durable 220V Pest Control Bug Easy CleanSecond, 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. Outdoor Mosquito Killer, Outdoor Mosquito Killer Garden Garden Mosquito Repellent lamp Outdoor Villa Waterproof Trap LightOutdoor Portable Bird Shoulder Bag Parred Carrying Sticks and Cups Pets Breathable Capsule Capsule Portable BagThird, 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 Outlast® Dog Crate Pad Size 5X-Small (15 L x 9 W), color Black.

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. Outward Hound Kyjen 32108 Invincibles Plush Santa Squeaking Stuffingless Durable Dog Toy with 5 Squeakers, Medium, RedOvation Leather Lead Black 1 X 60The 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 Owl AosyGFR Kennel Cat Litter Yurt Teddy Bear Small Dog Pet Nest Pad Cat Sleeping Bag Deep Sleep Dog House Supplies PawHut D04-069RD 48 X 36 X 9 Elevated Pet Bed Foldable Raised Dog Cot with Carrying Bag, Red BlackPawprints Memorial Pet Tag Frame Pawprints Left by Youthat 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. Oxbow Animal Health Harvest Stacks Western Timothy Pet Food 35-OunceOXBOW PET PRODUCTS 744845104027 Ecostraw Bedding for Pets 8-PoundThe 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,Oxford XL Oxford XL 4 Pets DIY Dog Cushion Cover Pet Mat Case Do It Yourself Brown color Oxford XLOzzy Tail Dog Clothes Bear Polo T-Shirt Autumn for Summer Dog Clothes Medium-Sized Dogs from Small Dogs for Spring (M red) 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, Pack of 1 Special Kitty Cat Foodthe parties commit to:Pedal 3 Liter Air Pump 3L Foot Pump 3000CC Big Foot Pump Pump Inflatable PumpingPedigree Markies Minis (500g) Pack of 6 “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.Pack of 2 Iams Proactive Health Smart Puppy Large Breed Dry Puppy Food 30.6 PoundsPack of 2 random-XL Size VICTORY,Adjustable Dog Harness Leash Set Walking, Jogging,Training Heavy Duty Poly Nylon Straps Anti-Twist Leash on Spin Clasp-Durable Braid Leash Bright colors

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, Pendleton Pet Hiker Collar Large Grand CanyonPenn Plax CH23800 Aquarium Heater Fully Submersible Deluxe Warm Tone Digital LED 800 Watt for Extra Large Tanks Up to 250 Gallonswas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Pack of 25 HDP Dental Floss Jumbo Curly Bully Sticks Light 9-11 Made in USA Odor Free Size Pack of 25Pack of 4 Reusable Washable Large Dog Puppy Training Travel Pee Pads Size 24 x 36.

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. Penn Plax The Reptology Granite Stone Hide-Away Extra LargeThe 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. Penn-Plax Deluxe Silicone 3 16 Flexible Airline Tubing for AquariumsPack of 50 LTWHOME Bio-Foam Filter Pads for Fluval 304 305 306 404 405 406(Pack of 50)Pack of 6 LTWHOME AEO19055 Round Large Filter Sponge Fit for Zoo Med's 501 External Filter (Pack of 6)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.