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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.. ____ Hikari Saki-Hikari Multi Season Large 5kg 5000gMedium (3 4\ Latex Enforced Dog Leash (Medium (3 4 Wide))(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, L Jim Hugh Foldable Cute Dog Blanket Mat Warm Pets Cushion Bed Sleeping Dog Indoor Kennels Puppy PlaypenFoOlee FoOlee Easee Med Pinkparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Caldene Horse Stirrup Leathers Large Black 48 Black S Black S BIBSS Extra Small to Extral Large Cozy Bolster Pet Bed with Cute Bone Pattern for Small Medium Large Dog and Cat (S, Black).

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. D Pets Carrier Space Capsule Bubble Transparent Bag Backpack for Small Cats and Dogs Breathable Designed for Travel, Hiking&Outdoor UseCanimove Motion mini 2 x (200 tablets) The joint tablets for small dogs. Arthrosis, intergreenebral disc problems, problems of joints, tendons and muscles and nervesSecond, 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. IRIS Airtight Elevated Storage Feeder with 2 Stainless Steel Bowls, 1 Pint, GreenDog Leash, Dog Chain, Pet Supplies, Jinmaotaidi Small Medium and Large Dogs, Nylon Reflective Chest Strap Set, (color Red, Size L)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 Flyme Soldiers Army Toys 130PCS Military Figures Playsets Toys for Army Military War Games (Army Green).

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. Black 21\ Black 21\ Reopet Large Silicone Dog Cat Bowl Mat Non-Stick Food Pad Water Cushion FDA Approved WaterproofB 665416 B 665416 WUTOLUO Pet Bolster Dog Bed Comfort Kennel Pet Nest warm pet mat dog bed (color B, Size 66 54 16)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 Mark Todd Short Stud Girth Black 18 Inch Jack Tar Pink X-Large 40\ Jack Tar Pink X-Large 40\ Kess InHouse Alison Coxon Jack Tar Purple Yellow Dog BedComfortis Pet Meds Chewable Tablet for Dog, Brownthat 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. Hip Doggie Ultra Comfort Purple Mesh Harness Vest, SmallCoral Replica Atlantic Anemone 5.5x5.5x3.5 PinkThe 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,Collar WOLFWILL [No Shock] IPX7 Waterproof Dog Training Collar 660yd Rechargeable with Tone Vibration & Light Mode Fits ALL Size Dogs4X Soopa Cranberry & Sweet Potato Dental Sticks 100g 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, Aqua Shield Bulldog Mat, Medium bluee, 2 x 3 the parties commit to:DIYthinker Igaueno Japaness City Name Red Sun Flag Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftC 715555 C 715555 Pet house kennel Cat nest Washable Foldable Small dog Medium dog pet bed Pet mat Multiple color (color C, Size 71 55 55) “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.Brown ALHJ Double Pet Trolley, Dog Or Cat Foldable Stroller Breathable 4 Wheels Travel Bag Stroller For Medium Dogs,BrownHEHEN Natural Wooden Platform Parred The Birds Hamsters to Play Rest 1 Piece

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, KESS InHouse Heidi Jennings Madness Rainbow Circle Feeding Mat for Pet Bowl, 18 by 13-Inchbluee YNZYOG Plastic Plastic Dog Kennel Cat Nest Summer Anti-biting Non-stick Hair Removable Teddy Pet Nest (color bluee)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Large Dog Harness No-Pull Pet Harness Adjustable Outdoor Pet Vest Reflective Oxford Material Vest for Dogs Easy Control for Small Medium Large Dogs,Lbluee Pet Dog 2200W Infinitely Variable Speed Grooming Hair Dryer High Velocity Cat for Hairdryer Blaster Fur Blower Temperature Flexible (color bluee).

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. Khaki-451830cm MCLD Pet Handbag, Outcrop Disassembly Portable Folding Dual-use Dog Cat Outdoor Shoulder Bag Travel Carrier (color Khaki-45 18 30CM)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. Deyace Dog Prong Collar Training Metal Gear Pinch Collar for Dogs, Stainless Steel with Silver Plating, Easy-On Plated Adjustable Training Dog Collar for Large DogsA 6045cm A 6045cm Weiwei Dog Bed Dog Mat Dog cage Mat ThickenedDuvo+ Scraper with Shelter Lounge Furniture for CatsLast 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.