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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.. ____ EDealMax en Nylon extérieur Voyage Meshy Fermeture à glissière Conception de poche Pet Puppy Porte-sac fourre-Toutbluee L bluee L FUTER-Pet toilet Dog Cat Bowl Urinal Basin Splatter Prevention Semicerrado Sand For Cats Pet Supplies (color bluee, Size L)(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, Dean & Tyler DT Universal No Pull Dog Harness with Detection K9 Patches and Puppy Leash, orange, X-SmallBLACK SHELANDY Pet grooming arm with clamp for large and small dogs 35 inch height adjustable and Free two No Sit Haunch Holder (BLACK)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.JIN Couple Spurs Unisex Adult, Brown, 21 x 17 x 20As shown L As shown L Huayue Dog Clothes with Hood Sweater Diamond Box Pity (color As Shown, Size L).

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. goldEN COB Parred 20KG (BP20GC)Ecological Laboratories 32oz. Bird House-Bird Feeder CleanerSecond, 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 M L Black M L Kruuse Rehab Walkabout Hind Leg Dog Lifting HarnessAUR-SST-7cm-LowerPart 14.5 AUR-SST-7cm-LowerPart 14.5 Sprenger HO weymouth bit 16mm SENSOGAN AURIGANThird, 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 L Jim Hugh Foldable Cute Dog Blanket Mat Warm Pets Cushion Bed Sleeping Dog Indoor Kennels Puppy Playpen.

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. 1 828242CM 1 828242CM Hyue Detachable Cat Litter Oxford Cat Climbing Frame Pet Supplies (color 1, Size 82 82 42CM)60X60cm DIYthinker Map City France Landmark National Flag Anti-Slip Floor Pet Mat Round Bathroom Living Room Kitchen Door 60 50Cm GiftThe 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 Black Weaver Leather Work Saddle Pad Coffee color M Coffee color M Ryan Pet Nest, Warm Pet Bed Kennel Dog Cat Bed Soft Pet Nest Mat Cat Pad (color Coffee color, Size M)Apricot couple dog pattern Foldable Pet Dog Cat Carrier Cage Foldable Travel Outdoor Shoulder Bag (Apricot Couple Dog Pattern)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. 6 Small 6 Small Pet Bed Pet Tent Cute Beautiful Pet Bed Small Dog Pet House Removable and Washable Pet Supplies Autumn and Winter Thick Mat (color 06, Size Small)59.5cm Gperw Dogs Furniture Pet house washable orange PP cotton three-dimensional nest pet cats and dogs Non Slip Cushion Pad (Size 59.5cm)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,Hip Doggie Ultra Comfort orange Mesh Harness Vest, SmallExo Terra Gecko Cave for Reptiles Small 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, Fenghgoxu01 Remote Control color Diving Lights Aquarium Fish Tank Aquarium Lights Change color colorful Remote Controlthe parties commit to:Hurtta Pet Collection Cooling Coat, 10-Inch Length, 13-Inch Neck, 12-19-Inch Chest, bluee by Hurtta1Pc Mineral Aquarium Fish Tank Semicircular Shaped Bubbles Air Stone 10cm Dia Grey “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.50 Ct Healthy Breeds Z-Flex Max Hip & Joint Supplement Soft Chews for English Springer Spaniel OVER 100 BREEDS Medium & Large Breed Formula 50 CountBuckle-Down Seatbelt Buckle Dog Collar Penguin Cartoon 1.5 Wide Fits 16-23 Neck Medium

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, Large Cat Bed Kennel Soft Dog Mats Puppy Dog Bed Pet House Cozy Nest Kitten Pad Thick Warm Pet Cushion Autumn Winterbluee Dog Bath Tub, Pet Cat Tub Medium and Large Cat and Dog Universal Medicated SPA Basin Bathtub (color bluee)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.bluee-Bone XXL fits Bustline 40.6in-56.4in,Weihgt 80.1-100lbs bluee-Bone XXL fits Bustline 40.6in-56.4in,Weihgt 80.1-100lbs Astage Pet Supplies Doggy Lifejackets Swimming Support for Dog bluee-Bone XXL1Pc bluee,Red,Dark Yellow Plastic Aquarium Vividly Floating Mini Fish Wiggled Ornament Animal Decorate.

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. DIYthinker Flower Petal Plant Flowe Pattern Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftThe 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. BROWN L (50cm) BROWN L (50cm) Pet Nest Cat Litter Kennel Closed Cat House Four Seasons Universal Summer Bed Pet Supplies (color Brown, Size L (50cm))KESS InHouse Ann Barnes Jungle Abstract Green White Dog Bed, 30 x 40 C Jlxl Dog Wheelchair Hind Leg Assisted Training Disabled Pet Scooter Teddy Scooter Adjustable For Large Small Bracket Stroller (Size C)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.