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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.. ____ AQUARISTIKWELT24 7331 Aquarium Root 92 x 27 x 55 cm XXXL Wood Decoration55 cm-58 cm Croci Waterproof Hiking Jacket with Sleeves, 55 cm-58 cm(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, Grape Crush Medium w Buckle Grape Crush Medium w Buckle If It Barks 1.5 Martingale Collar for Dogs Quick Snap Release Buckle Adjustable Nylon Strong and Comfy Ideal for Training Made in USA Medium, Grape Crush1 5xl 1 5xl Huijunwenti Big Dog, Dog Clothes, Two-Legged golden Hair Labrador Samoyed Winter Pet Medium-Sized Large Dog Thick Autumn and Winter Clothing Fashion (color 1, Size 5XL)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Generic Ultra Strong Links Dog Chain 30feet color BlackDIYthinker Green Paper Umbrella Cloud Pattern 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. bluee UK Size Large bluee UK Size Large Hing Bone Non Slip Dual Dog Feeding Station with Removable Bowls, Large, blueeA 6045cm A 6045cm Weiwei Dog Bed Dog Mat Dog cage Mat ThickenedSecond, 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 Small Brown Small Liergou Pet Bolster Bed Cloth Cartoon Animals Fang Wo Pets Three-dimensional Kennel Mats (color Brown, Size S)Kess InHouse Monika Strigel Baby Llama Multi bluee White Pet Bowl Placemat for Dog and Cat Feeding Mat, 18-Inch by 13-InchThird, 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 Long tooth bluee 8x12cm Long tooth bluee 8x12cm XIPBL Pet Nail Clippers Hair Brush Pet Grooming Products Comb for Cats Shell Shape Rake Open Knot Brush Cleaning Bath Brush Comb Dog Cat Massage Shower Products.

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. Medium Cat Magnetic Pet Door Intelligent Control Pet Door Pet Door Bar Dog Cat Door Switch Control Durable Plastic Suitable for Cats, Kitties,MDIYthinker Paint Run Dog Friend Company Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm 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 1 Teddy kennel kennel cat litter pet nest washable dog bed Four Seasons General Soft Pad for Pets Sleeping (color 1) bluee Z1Aiu Necklace S925 Sterling Silver Butterfly Fashion With Pendant Necklace,blueeBlack Ascentix Nylon Agitation Lead for Dogs, Blackthat 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. Alpo Prime Cuts in Gravy Canned Dog Food, Lamb & Rice, 13.2 oz by Purina ALPO Brand Dog FoodLarge = 37 X 43 X 43CM YSYPET Vintage Grid Style Portable Foldable Pet House Cat Dog Room Bed Large Size 37 X 43 X 43CM (Vintage Grid, Large = 37 X 43 X 43CM)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,Black L90W70H36cm 352814in Black L90W70H36cm 352814in Kennel Pads Dog Beds Kennel Washable Winter Dog Bed Large Medium Sized Pet Four Seasons Pet Sleeping Pad Cat Bed Pet Supplies Cover (color Black, Size L90W70H36cm 35 28 14in)KESS InHouse Bruce Stanfield The Sky's The Limit Square Typography Nature Dog Bed, 50 x 40 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, DZTIZI Pet Tent Portable Foldable Multi-function Play Playpen Indoor Outdoor Use For Small Catthe parties commit to:Dean & Tyler Stitched Track Dog Leash Top Quality Tracking Leather Leash From Europe Black 1,006cm by 1cm Width Hand Stitched Great for Everyday Use And or Tracking. Hand Stitched with Stainless Steel Hardware. Extra Long Leash.Fish Bowl Tank Landscape Artificial Water Aquatic Plant Grass 14cm Height 5pcs “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.BR Bridle Thurnham Size COB20mm Chris Christensen Oval Pin Brush, 20mm

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, DIYthinker Insect Spider Illustration Black Pattern Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftBlack Neck Fit 16\ Black Neck Fit 16\ CollarDirect Nylon Dog Collar, Reflective Dog Collar, Handmade Puppy Safety Collars Dogs Small Medium Large Red Black bluee (Neck Fit 16 -18 , Black)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Dog Bark Control Devices Mini Bark Control Device Indoor Outdoor Stop Barking5 XF Pet Dog mat nest-Cat climbing frame Plush Mattress Pet Bed for Cats Solid Memory Foam-Pet Products Deluxe Bed Jumbo (color 5).

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. Grey+Black(playpen) 42\ Grey+Black(playpen) 42\ Petsfit 42 Dia x 27H Portable Foldable Pop Up Dog Playpen, Exercise PenThe 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. A Aquarium Mountain Coral Reef Rock Cave Stone Moss, Eco-Friendly Aquarium Ornament, Resin Fish Tank Accessories Decorations,AClosed cat Toilet Clean and hygienic cat Potty DeodorantD DOLITY Eco-Friendly Rockery Fish Tank Aquarium Supplies for Home or Office Fish TankLast 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.