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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.. ____ BR Tendon and Fetlock Boot Pro Tech (Full, Black)Kess InHouse Liz Perez CORAL REEF Purple Black Fleece Dog Bed, 30 by 40 (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, Aoligei Cat Play Towers & Trees Station Pet Nest felt cat nest short plush bell ball 41 41 43cmChuckit Medium Drag 'N Fly Dog Ballparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Leopard print PET 55 Cat Climbing Frame With Ball Kitten House Condo Nest Jumping Platform Detachable Combination Nest (color Leopard print)Green Sport Portable Pet Dog Water Bottle Expandable Silicone Travel Dog Bowl for Puppy Cat Drinking Outdoor Water Dispenser (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. LIME GREEN SMALL (10\ LIME GREEN SMALL (10\ Max and Neo Glacier Reflective Neoprene Metal Buckle Dog Collar We Donate a Collar to a Dog Rescue for Every Collar Sold (Small, Lime Green)Black 3) Large 18-28\ Black 3) Large 18-28\ Sassy Dog Wear 18-28-Inch Black Nylon Aluminum Buckles Dog Collar, LargeSecond, 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. 130 Bucas Freedom Turnout 300g Horse Syrah7\ KESS InHouse Frederic Levy-Hadida Miskatoninked Red Black Pet Bowl, 7 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 M 60×48×14cm LXLA Rectangle Washable Pet Dog Bed for Dogs Cats, Crystal Velvet Lining & Sofa Cloth Side (Size M 60×48×14cm).

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. Joybies Red Plaid Piddle Skirt for Large Female Dog (Measuring 17 -19 Along Back From Collar to Base of Tail)bluee M bluee M Doggy Costume Pet Clothes Dog Clothing Autumn and Winter pet Clothes Striped Monkey Fleece (color Yellow, Size L) Pet Dog Clothes (color bluee, Size M)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 Buckle-Down DLS-W30164 Aliens Head Scattered Galaxy2 Green Black Leash Splitter, 1 Wide 30 Length Crazy Good Cookin' Pastamore' 16ozDog Collar for Small Medium Dogs (14.5-24.5 Inches) Handmade by Hide & Drink Polka Dots Greenthat 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. 70×51×58.5cm Pet Playpens Portable Soft Fabric Exercise Pen Kennel, Multiple For Dogs, Cats And Other Pets Fence Red color (Size 70×51×58.5cm)5kg Phoenix Pond Sticks, 5 kgThe 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,Greendale Home Fashions Happy Hounds Harley Reversible 42-Inch Dog Bed, CharcoalKESS InHouse Bruce Stanfield Vintage Paris Mixed Media Travel 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, Full Collegiate Comfitec Leather Headcollar Blackthe parties commit to:18X18\ Tremont Hill Good Dog I Sq with Border, 18X1860X60cm DIYthinker Clouds bluee White Sky Anti-Slip Floor Pet Mat Round Bathroom Living Room Kitchen Door 60 50Cm Gift “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.Beige Medium beige Medium Dogit X-Gear Weather Tech Waterproof Dog Bed, Beige, MediumAcrobird, Medium Play Tower, 54-Inch H by 22-Foot D by 32-Inch L, Green by Caitec Corp

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, M(200pcs) redo Market-Pet Products & Supplies redo (200) pcs of Soft Caps Claw Control Cat Nail Paws Off for Pet Predect Furniture + 10 (10) pcs Adhesive Glue (M(200pcs))DIYthinker Mgoldcco Style Abstract Flower Pattern Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Giftwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Dean & Tyler's DT Fun Chest Support I AM A GIRL Harness with Reflective Trim, Small, and 6 ft Padded Puppy Leash.Jebao ECF-10000 18w UVC Easy Clean Bio Pressure Filter 10000 Litres (Large Capacity).

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. C 2 C 2 Kennel Rattan Four Seasons Universal Large and Medium-Sized Dog Teddy Bear golden Hair Waiting for The Pet Pet Winter Dog Bed Cat Nest (color C, Size 2)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. color07 54W x 72L inch color07 54W x 72L inch smallbeefly Hunting greenical Version Tapestry German Short Haired Pointer in Wilderness Portrait Photograph Kurzhaar Pet Dog Throw, Bed, Tapestry, or Yoga Blanket 54W x 72L INCH MulticolorA Urns Adult Funeral Urn Ceramics Large Capacity Seal Cover Moisture Proof Handcrafted Cremation Urns for A Small Amount Human Or Pets AshesChuckit Ultra Ball Dog Toy, Medium, 2 Count, 24 PackLast 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.