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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.. ____ Flannel Dog bed, Durable Nonskid Waterproof Pet nest Removable cover Wear resistantA LFour Seasons Removable Washable Thermal Insulating and Warm Cushion for Pet Products, Cat Eyes(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, FuzzYard Reversible Bed Chalkboard, SGenuine Leather Classic Dog Leash Brown 1 2 Wide 4 Ft Basset Hound, Collie, SharPeiparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.gold Paw Rhinestud Shirt Bright Pink L (14)Green LMM HOME Clamshell Fully Enclosed Cat Litter Pot Cat Toilet Antisplash and Deodorant Portable Cat Litter Pot Pet Supplies (color White).

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. Equine Healthcare 9508300000 Pomms Equine Ear Plugs44; Pink Pony SizeExplosionProof WearResistant Nylon Adjustable Dog LeashSecond, 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. FDT Artisan 16 inch Black Leather Dog Collar with Chrome Plated and Brass Plated Decorations Romantic Breeze 1 1 2 inch (40 mm) WideFidgetFidget Dog Tags Personalized Pet Puppy ID Name Collar Tag Wholesale SL 100pcs lot golden M 40 27 1MMThird, 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 FurHaven Pet Dog Bed Orthopedic Congreenible Pet Bed Mattress for Dogs & Cats, Sand, Large.

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. Generic Bag for for Dogs rier Ba and Cats Cats Int Predective Mesh and Side h Predective Mesh Pet Carrier Bag Predecti Internal withGNB PET Hamster Cage Portable Petite Habitat Easy DIY, Critter Dwarf Hamster Gerbil Mouse Small Animal Travel Cage with 2Level Habitat, GreenThe 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 GREEN 43.53043.5cmFXNN Pet Bed Four Seasons Available Removable and Washable semiEnclosed Dog Kennel Supplies (color Green, Size 39 39 78cm) Foldable Extra Large Dog Cats Pet Pool Bathing PVC Pet Swimming Pool Kiddie Pools For Kids Portable Tub Bathtub Wash Red And bluee,8030CmFoldable Pet Bed SelfWarming Cat Bed Home with Soft Cushion Furry Ball Hanging Toy Kitten Harbor FourSeason Haventhat 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. Grundfos Alpha2 97914908 HighEfficiency Pump 3260 PN 10 G 2 Inches 1 x 230 V 180 mmEvolution Aqua K1 Kaldness Moving Bed Filter Media (50L (50 litres))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,Fashion Dog Chain Leash,Reflective Material Pet Collar Strap Soft .Braided Traction Rope with New Handle,Duty Outdoor for Suitable for Medium Large Dogs,LightGreenFetchwear Small Dog Cover Black With gold Lining And Brown Fur On Hood by Fetchwear 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, Fully Transparent Pet Travel Backpack with Top Comfortable Handle, MultiHole Venting Bag for Dogs, Cats, Small Pets,bluee, Green, Pink, Red, Dark Green (color Pink)the parties commit to:FOONEE Cat Cave Bed, Cat Beds Clearance Soft Warm Pet Sleeping Bed House Plush Soft Cozy Animal Shaped Pet Nest Mat Pad Cushion Washable and DetachableForest Glass House With Floor “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.GCHOME Dog bed Dog Bed,Washable Removable Cat Bed Cat Nest,Waterproof Breathable Nonslip Warm Cushion Dog Sofa Indoor Medium Pet Nest (color orange, Size S)Glashaus Kennel pet mat Di small medium dog large dog supplies bed dog house cat litter four seasons universal, red black, 90CM70CM

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, FOREVERYOU Cat Bowl Dog Bowl Rice Basin Petal Type sixSide pet Food Bowl, GreenFOREVERYOU Dog Bowl Single Bowl Stainless Steel Food Bowl Rice Bowls Resin pet Bowl cat Bowl cat Food Bowl Pinkwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.GPS Cat Collar D79 Pet Tracker Dog Collar Waterproof Ip68 Realtime Tracking Device Geofence WiFi Lbs Locate Free Cats Monthly Vehicles Fees Keys Small Elderly Wallet Trackers Pets Kids HiddGrey QNMM Waterproof pet dog car seat cover, durable and comfortable pet car seat waterproof scratchproof smashing dirty dog car rear row car mat codrive car mat front seat predector.

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. ForeverYou Pet Pet Bowl Stainless Steel Dog Bowl Dog Pot Cat Food Bowl Cat Bowl, HThe 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. Forthglade Complete Adult Muliticase (Turkey, Lamb and Duck) GRAIN FREE 12 x 395g (PACK OF 4)Europet Cat Scratcher Beds, 15 x 160 x 50 183 cm, White SnowFancyU Pet Sofa Cool Cushion Scratch Bite Resistant Dirt Resistant Cool Mat Summer Breathable Predective Sofa Cushion SetLast 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.