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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.. ____ Red Dog Clippers Professional Rechargeable Clipper Pet Electric Hair Clipper Cutter with Grooming KitRed Dog Interactive Squeaker Toy by Schnappy,Floating Fetch Throw Ball for Training Playing (Red)(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, Red Dog Outdoor Leash Dog Lead Pet Harness Set Dog Traction Rope Pet Nylon Training Traction Rope,bluee Walking Leash (color Red)Red Dog Show Bow Baseball Barretteparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Red Dog Treat Bag Training Treat Pouch Bag with Poo Bag Dispenser Strong Magnetic Closure, Adjustable Reflective Belt Or Shoulder Strap, Lightweight, BreathableRed dot EDYUCGA Pet Stroller Dog Cat Teddy Cart with Four Wheel Lightweight Foldable Pet Travel Cart 67 47 100cm (LWH) (color Red dot).

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. RED DUHUI Pet Stroller Dog Pushchair, Light weight stainless frame pet travel carrier, Big Wheel with Safety breaks (color RED)Red EDYUCGA Four-wheeled Pet Trolley Pet Bag Dog Cart Foldable Disassembled Multiple Pet Trolley Bag,RedSecond, 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. Red Extra-Large red Extra-Large EzyDog Dog LifeJacket, Extra Large, RedRed Fish & Aquatic Pets Aquarium Fish Tank Mini USB LED Clear Fish Tank Mini Aquarium Box Bettas Office Desktop Decor Red1 Pcs Mini Aquarium(Not Included The Fish)Third, 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 Red Girth 12-16\ Red Girth 12-16\ ESA Nylon Emotional Dog Vest Harness. Purchase Comes with 2 Reflective ESA Support Removable Patches. Please Measure Your Dog Before Ordering.

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. Red Grid M Red Grid M ADPET Bell Cat and Dog Collar with Bowtie Cute Plaid Bowtie,Soft and Comfortable,Adjustable Bowtie Collar for Small Medium Large DogsRed Hands Free Dog Leash Reflective Adjustable Waist Belt Pouch 2 Small Medium Large Dogs Walking Running Hiking (Red)The 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 Red Haute Horse CBOY1204L High Fashion Horse Horse Halter, Retro Cowboy Red m Red m Woof Hoofs Dog Boots Red Ranger, M, (set of four)RED M 4252cm RED M 4252cm C_-1X Cat Litter, Pet Supplies, Winter, Warm, Cat Sleeping Bag, Four Seasons Universal, Cat House, Kennel, Cat House,(Coffee, Yellow, Red S M) (color RED, Size M 42 52cm)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. Red Haute Horse LRT1205LD High Fashion Horse Lead Leather pink TealRed Haute Horse YH1403 A Equine Elite Horse Halter, Your HighnessThe 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,RED HONGLIAN Pet Training Singer Training Dog Pet Doorbell Rope Garbage Bag Picking Up Dog Bell HONGLIAN (color RED)Red Interactive Dog Toy Tumbler IQ Treatment Ball Leaking Food Ball Durable Chewing Ball Food Slow Feeding Device,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, Red L Bust 41CM Red L Bust 41CM 1 PCS Pet Than Bear Thick Four-Legged Clothes Autumn Winter wear Cartoon Rabbit Rabbit Coat Dog Clothes AP9251348 (color Red, Size L Bust 41CM)the parties commit to:Red MZP Dog Trolley Wheeled Trolley Easy Foldable Suspension Cup Holders Storage Basket 6 EVA Steel Wheels Maximum Weight 25Kg 600D PVC Cloth Easy to Assemble (color Red)RED OPPALE Pet Leash Rope Bubble Pet Dog Rope Telescopic Dog Chain Traction Rope Small Medium and Large Dog Reflective Dog Chain Stretchable Dogpet Leash (color RED) “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.Red L red L Cat bag carrier transparent bag pet backpack dog bag pet bag portable space bag Paw print (color Red, Size L)Red L Red L Dogo Sequin Sweater Dress Red Large

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, Red Pet Bath Pool Foldable Portable Swimming Tub Large Dogs Cats Round Water Pond Collapsible Leakproof Ball Pit Puppy Shower Spa Garden Patio Backyard,RedRed Pet Nail Clipper Plastic Handle Cutter and Professional Trimmer for Kitten, Puppy, Small Pet,Redwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Red L Red L HUAyue Pet Bag Oxford Cloth from Backpack Portable Bag Cat and Dog Backpack,Breathable Backpack (color Red, Size L)Red L Red L LianLe L Shape Pet Bed Kennel Cat Nest Blankets Removable Pet Bed Sofa for Four Seasons.

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. Red Pet Stroller Pet Out Cart Four-Wheeled Dog Cart Pet Supplies Lightweight Folding (color Red)The 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. Red PETMAKER Airline Compliant Expandable Pet Carrier-17.5 x11 x11.25 Travel Bag-Has View Window, Removable Pad, Leash, Detachable Strap by (Red)Red L Red L Party Pet Costume Autumn and Winter New Tang Suit Teddy cat Puppy Dog Clothes pet Autumn and Winter Plus Velvet Clothes New Year Clothing Tide (color Red, Size L) Pet UniformRed L Red L PETFDH Dog Puppy Jacket Coat Vest Waterproof Winter Warm Pet Clothes Dog Clothes for Small Medium Large Dogs Red LLast 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.