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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.. ____ KESS InHouse NL Designs Swirls Grey Wave Pattern Dog Bed, 50 x 40 Barking Heads Little Big Foot Large Breed Puppy Food (12kg) (Pack of 2)(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, DR. Moss Cichlid Stone 5 pc Luxury Set Ceramic Rock Cave Aquarium Decorations Fish Tank DecorB Medium B Medium XCF WLQ pet chest chest bag cat dog bag out four-foot backpack cat pack back cat bagparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.115 cm Fly Rug with Neck PieceGreen Candtong Car pet seat cover carrier anti-dirty anti-catch car pet space bag handbag out dog cat safety seat bag waterproof travel portable seat cover (color Green).

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. Full Legacy Bridlery Weymouth Work BridleChase 'n Chomp Comet Fetch-Tug Rope Toy with that holds Treats & FloatsSecond, 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. BROWN Large BROWN Large GYZ Pet Travel Bag, Dog Bag cat Bag, Portable pet Out Device, Breathable, Folding, Safe, Lightweight, Safety Buckle, Storage Bag, Fashion Handbag +-+ (color Brown, Size L)A 80x58cm A 80x58cm BLWX Pet Ice Pad Summer Dog Mat Mat Cat Pet Dog Nest Summer Pet Mat 60x43cm 70x53cm 80x58cm Pet mat (color A, Size 80x58cm)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 Heavy Duty Hammock Dog Seat Cover Durable Waterproof Pet Seat Predector Car Seat Truck & SUV Black by K-Cliffs.

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. GKC Single Knot Dog Rope Toy2 Hounds Design Freedom No-Pull Dog Harness Training Package, Med (5 8 Wide), RaspberryThe 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 Fashion Pet Dog ,Arctic Boots Black X Large bluee Pet Travel Carrier Backpack Hands Free Pet Puppy Outdoor Bag Reversible (color bluee)KESS InHouse Kess Original Wingin It Pink Animals Dog Bed, 50 x 40 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. D.T. Systems Training Scent for Pets, 1-1 4-Ounce, RabbitFANQIECHAODAN Mesh Harness Adjustable Vest Harness with Handle Soft Mesh Vest Dog Lead Leash Chest Belt for Small Medium Large Dogs (color Black, Size L)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,Alfie Pet by Petoga Couture Pistol Bathroom for Bird Colour blueeBlack 34 x 30-Inch Black 34 x 30-Inch Mayatex San Juan Solid Barrel Racer Arab Saddle Blanket 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, Medium Carlson Secure and Compact Double Door Metal Dog Crate, Medium with Divider Panelthe parties commit to:2 Small 2 Small 2-in-1 Pet House and Bed Sofa Snooze Cave Foldable Soft Warm Dog Cat Kittens Puppy Pet Nest with Removable Cushion Detachable Cashmere Mattress,002,SA Jian E Pet Nest Kennel Cat Litter Removable And Washable Warm Seasons Universal Warm Small And Medium Size Teddy Nest Than Bear Law Fighting Nest Pet Bed Pet Nest Thick Ocean Pet Nest bluee Polar “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.2 627cm 2 627cm Pet Bed Pet Bed Kennel Four Seasons Universal Waterproof Removable Summer Mat A+ (Capacity 62 7cm, color 2 )bluee M bluee M HSDDA Party Pet Costume Pet clothing dog cat skirt pet clothes little tweed cotton skirt (color Pink, Size M) Pet Uniform (color bluee, Size M)

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, Green dot L green dot L Feroni Double Sided Available All Seasons Big Size Extra Large Dog Bed House Sofa Kennel Soft Fleece Pet Dog Cat Warm Bed s-XL Green dot LDouble Filtration Water Filter Ceramic 10µ + 1µ GKKwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Large Good2Go orange and Pink Paisley Dog Collar, LargeCOMOK 2Pcs White Nylon Mesh Fish Fry Hatchery Breeder Box Separation Net.

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. Hexiansheng Cat Climb Trees Solid wood Cat Scratch Board Cat's Nest sisal 60 40 143cmThe 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. (3 Pack) ARK Naturals Breath-Less Chewable Brushless Toothpaste Small Medium 12oz EachGREEN L GREEN L TLTLCWW Dog Bed, Removable And Washable Four Seasons Universal Pet Bed Small Medium And Large Cat Dog Pet Nest, Multi-size (color GREEN, Size L)Havana (Choco Brown) Warm Blood (Over) Havana (Choco Brown) Warm Blood (Over) Exion Brass Clinched Padded Breast Plate with Running Attachment and Brass Buckles Navy bluee Elastic with White Lines English Horse Riding Equestrian Premium Tack Havana 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.