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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.. ____ bluee 2Pcs Breakaway Bling Cat Collars with Bell & Pet Collar Tag, Small Dog Puppy Velvet Safety Collar Elastic Adjustale Neck 8 -11 ,blueeBlack S black S WeMore(TM) Outdoor Portable Pet Dog Travel Tote Bag Luxury Small Dog Cat Carriers Handbag 3 colors(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, DIYthinker Christmas Elk New Year Winter Festival Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftFRINGE STUDIO Pet Bed, Nosey Dog Spot Pillow, 36 x 27 x 5 inches (225001)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Cold white AC 220V Cold white AC 220V Light E27 LED Droplight Retro Creative Buffet Restaurant Single Head Droplight of Little Black Dress Led Light LED (color Cold White, Size AC 220V)DIYthinker Tree Happy Ghost Fear Halloween Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift.

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. Lebon Benno 837000 Dog Bed 90 cm GreyKess InHouse Danny Ivan Rainbows Multicolor Fleece Dog Bed, 30 by 40 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. Black L black L Pet Bed,Ultra Soft & Cozy Washable cat Dog mat eases pet Arthritis & Hip dysplasia Pain Puppy Kitten Warm Kennel Cushion-Black L303038cm Pet Nest Pet Tent Detachable and Cleanable Four Seasons Universal Pet Products (Size 30 30 38cm)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 bluee Medium bluee Medium Rectangle Dog Sofa Chair,Crystal Velvet Flannel Cushion Bed,Indoor Warm Soft Nest for Autumn Winter,bluee,M.

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. Heart Flowers Medium Heart Flowers Medium Native Pup Flower Dog Collar Paisley Dog Collar (Medium, Heart Flowers)Black Jia He Pet Stairs Pet Deluxe Edition Household Dog Stairs Folding Pet Ramp Dog Training Steps 3 colors Available @@ (color Black)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 Faux Shearling Coats Large Coat JBJ EFU-45 Reaction 4-Stage Canister Filter & UV SterilizerA Funeral Urn Cremation Urns for Human Ashes Adult and Memorial Pet Ashes Ceramic urn Handmade urnthat 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. Dog Cat Pet Charms Teachers Pet Screen Print Shirt Red XL (16)Black 25\ Black 25\ SincoPet Dog Bed Mat Washable,Soft Fleece Crate Training Pad,Anti-Slip Matress for Small Medium Large PetsThe 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,Canino Sunny bluee Bowtie for DogsCyttengo Cat Scratcher Durable Reversible Cat Scratch Pad Recycled Harden Corrugated Cardboard Sturdy Eco-Friendly Design Maintain Healthy Cat Claws and Predect Furniture from Harm Catnip Included 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, A Pet nest pirate ship cat climbing frame Cat toy cat jumping table cat tree cat scratch board with watchtower sisal rope cat toy39-39-50cmthe parties commit to:12-Ounce Evolve Oven Baked Grain Free Deboned Salmon Biscuits, 12ozBlack XL 561cm Black XL 561cm LLIND Home Alloy Horn Spike pet Collar Spike Rivet Leather Dog Strap Large Dog Collar (color Black, Size XL 5 61cm) “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.Combat Helicopter War Choppers Apache Plane Remains Wreckage for Aquarium Tank Decor(80gm) Top Performance ProEar Professional Ear Powde

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, D HU Pet Stroller Space Capsule Detachable Comfortable Breathable Wear Resistant Go Out Convenience Trolley Bag (color D)bluee 423028cm bluee 423028cm Pet Out Portable Dog Bag Cat Bag Sun Visor Breathable Pet Fashion One Shoulder Handcuffs Backpack (color bluee, Size 42 30 28cm)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Black bluee Dressage (DL) Black bluee Dressage (DL) Eskadron saddle cloth COTTON BRAND HERITAGE COLLECTIONGreen Pet Comb Soft Hair Bath Shower Massage Comb Dog and Cat General Cleaning Products Two Sides Brush.

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. 4-Thong Round Fully Braided Genuine Leather Dog Leash, 4 Ft Long Brown, Large BreedsThe 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. 2.4cm wide 130cm long 2.4cm wide 130cm long SANVINGLE Padded Pet Dog Leather Traction Rope Chain Pet Dog Skin Traction Rope Big Dog Chain, 2.4Cm Wide, 130Cm LongBlack 42cm41cm38cm Black 42cm41cm38cm H.ZHOU Dogs and Cats Bed Liners & Mats Pet Nest Dog House Cat House Pet Supplies (color Black, Size 42cm41cm38cm)color8 L21\ color8 L21\ Printsonne 2 Piece Bathroom Contour Rugs pet Dog Non Slip Comfortable SND SoftLast 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.