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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 M Red M Kennel Washable and Washable Puppy Medium Dog Pet 2 In 1 Dog House 4 Season Nest Four colors to Choose From (color Red, Size M)RED M RED M LLYU Pet Cave Nest Mattress for Cats and Dogs Soft Warm House Bag Pad Puppy Mat Roof (color RED, 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, RED M RED M Moolo Pet Bed Printing Short Plush Dog House Waterproof Anti-slip Four Seasons Universal Soft Comfortable Cool Breathable Dog Bed (color RED, Size M)RED M RED M Pet Bed Pet Sofa Cat Nest Pet Nest Dog Nest Cat Kennel Kennel Square High Elastic High Support Pet Pad FENGMING (color RED, Size M)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.RED M RED M Pet Dogs Toys Rubber Chew Toys Through Rope Resistant to Bite Clean Tooth Interactive Toys for Dog (color RED, Size M)Red M red M Puppia Winter Storm, Medium, Red.

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 M RED M SENERY Warm Pet Dog Beds,Cozy Soft Dog Beds Mats Sleep Cushion House for Dog Cat Puppy,Pet ProductsRED m RED m Ultrasuede 3 Row Crystal Straight Dog Collar, Medium Size 12, Red with CrystalsSecond, 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 M Red M XGPT Pet Dog Beds Winter warm suede can be completely removed and washed square pet nestRed M& xFF08;Chest 31.4\ Red M& xFF08;Chest 31.4\ Mihqy Dog Jacket with Harness Warm and Cozy Reflective Dog Winter Coat Sport Vest Windproof Snowsuit Apparel with Reflective Strips for Small Medium Large Dogs with Retractable High NecklineThird, allowing punitive damages would place Amer­ican shippers at a significant competitive disadvantage and discour­age foreign-owned vessels from employing American seamen

Bull Pit Brown Muzzle Basket Dog Leather Real Amstaff 107 3.5) Length Snout 12 (Circumference edmx492111820-Muzzles

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 Medium (32\ Red Medium (32\ FurryFriends LARGE Foldable Dog Pool Folding Dog Cat Bath Tub Collapsible Pet Spa (Medium, Red).

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 Medium Red Medium Cat Litter Kennel Removable Washable pet nest Soft Warm and Comfortable Round nest cat Dog Bed,Red,MRed Medium Red Medium Dog Cotton Coat Chest Strap One Large Dog Pet Supplies Autumn And Winter Warm Casual Jacket,2 colors,5 Sizes,Red-MThe 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 Medium Red Medium IRIS USA 587031 Medium Soft Sided Carrier, Red Red Size 18 Red Size 18 Mirage Pet Products Sprinkles Ice Cream Dog Collar with Pearl and Yellow Crystals, Size 18, RedRED Small RED Small CATSPIA Q Evie Harness, Small, Redthat 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 Medium Red Medium Pet Bed Spring Summer Autumn Winter Pet Nest Cat Nest Warm Kennel Doghouse Bone Shape Cotton Nest Waterproof Removable and Washable (color Red, Size Medium)Red Medium Red Medium Pet Shopping Bag Dog Bag cat Bag Dog Product Portable Portable pet Out Diagonal Package (color Red, Size M)The 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 Medium Red Medium Slippers Pets Nest Pet Beds Fleece Warm Kennel Mat Cat Tent Four Seasons Universal Pet Sleeping Bag Nest FleeceRed Medium Red Medium Waterproof Dog Coat Autumn and Winter golden Retriever Labrador Double-Sided Wear Big Dog Clothes,Red-M 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 MZP Double Pet Roadster Pet Travel Stroller Suspension Large 360 Degree redatable Cup Holders Storage Basket Load Within 20 Kg Netted Windows Dog Carrier (color Red)the parties commit to:Red Tough 1 Ice BootRed US6.5-7 EU37 UK4.5-5 CN37 Red US6.5-7 EU37 UK4.5-5 CN37 HSXZ Women's shoes Nubuck leather Winter Fashion Boots Boots Platform Pointed Toe Mid-Calf Boots Satin Flower for Casual Black 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 Odd Dog Company Large Travel Pet Cat Horse Camping Bowl Food and Water Collapsible, Portable Canvas (Red)Red Outdoor Picnic Mat Hiking Camping Mat Waterproof Dampproof Cashmere Dampproof Mat Beach Mat Tent Mat Baby Crawling Pad 200250CM

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 White Small Red White Small WX-WX Pet Supplies Pet Kennel Four Seasons Medium And Large Kennels Doghouse Removable And Washable Cat Shelter Indoor And Outdoor Animal Pet Housing Multifunction (color Red white, Size S)Red XL Red XL BINGPET BA1002-1 Security Patterns Printed Puppy Pet Hoodie Dog Clothes Red XLwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Red Pet Backpack Dog Backpack Chest Bag Dog Walking Portable Travel pet Supplies S (color Red)Red Pet Bowl Slow Food Bowl 20.7 19.5 5cm bluee Green Red Dog Bowl Pet Puppy Single Bowl Medium Large Dog Pet Bowl (color Red).

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 XL Red XL MEI Kennels Kennel Mats, Cogi, Pet Supplies, Sleeping Mats, Fighting Mats, Floor Mats, Dog Cage Cushions, Washable, Mattress, Summer, Pet Supplies (color Red, Size XL)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 Xl RED Xl ZHAO ZHANQIANG Winter warm cat sleeping bag, four seasons universal, cat house, cat house, small dog, kennel pet supplies (color RED, Size Xl)Red Pet Dog Feeding Bag with Garbage Bags Portable Outdoor Pet Dog Treat Pouch Puppy Snack Reward Waist Bag Pockets Dog Food Bowl, WaterproofRed Pet Online Pet Fashion Rhinestone Decorative pu Leather Dog collarredLast 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.