Portable Style Leopard Fashion house Pet Foldable S) Size B, (color Size 3 colors 3 Bed Room Dog Cat House Pet vagu006d91486-New pet supplies

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.. ____ Pet Ting Cooper Hamster & Gerbil Cage and Accessories Tubes Heaven Wheel Ladder EtcPETCARE Dog Leash Harness Rhinestone Bow Tie Reflective Adjustable Vest Microfiber Breathable Puppy Pull Harness Retractable Small Medium Large Dogs Perfect Daily Walking(S, Black)(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, Pets First Clemson Hoodie TShirt, LargePink Cheetah ToySeasonals 41116BLK Washable Dog Diaper, Fits Extra Large Dogs, Blackparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Plaid Dog Collar Adjustable (Large, Red) by The Best PetPOPETPOP Bird Carrier Soft Sided Bird Travel Carrier with Perch Pet Travel Bag (Green, 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. Pet Dog Cat Stairs 5 Steps for Small Dog Pet Mat Cushion Bed Ramp with Detachable Cover Pet Product, 75 x 60 x 40cmPet Grooming Brush,Open Knot Comb Dog Hair Brush Plastic Handle Comfortable Pet DoubleSided Open Knot CombSecond, 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. Pet Mat, Comfortable Dog Mat, Warm Cotton Pad (color Brown, Size 70x55cm)Pet Out Snack Bag,Pet Snack Bag Dog Training Bag,Pet Out Snack Container Sports Running Drawstring Waist PocketThird, allowing punitive damages would place Amer­ican shippers at a significant competitive disadvantage and discour­age foreign-owned vessels from employing American seamen

Portable Style Leopard Fashion house Pet Foldable S) Size B, (color Size 3 colors 3 Bed Room Dog Cat House Pet vagu006d91486-New pet supplies

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 Petilleur Dog Jacket with Harness Outdoor Warm Jackets Winter Windproof Coats with Chest Strap Kit for Medium and Large Dogs (XL, Red).

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. Petstages Chew Toy, Large (2 Pack)Pink MTent Beds for Dogs and Cats by Best Pet Supplies (color Pink, 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 PLDDY pet bed Pets, Dog Mats, Mats, Kennels, Cooling Dog Beds, Waterproof (color B, Size Xl) Pet stairs, 4Step For Cats Dogs For High Beds, Doggy Ladder For Tall Couch Bed, Red And Black (Size 80 40 50cm)Pet steps Pet stairs Folding Pet Stairs for Dog, 3 Steps Dogs Stairs for Bed Sofa, Removable Washable Cover, 65×39×33cm (color PINK)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. Portable Travel Pet Carrier Backpack,Space Capsule Bubble Design,Waterproof Handbag Backpack for Cat and Small Dog,7Pet Dogs Rain Jacket Raincoat Adjustable Lightweight Poncho with Reflective Stripe for Small Medium Large Dog Breeds,Puppy Waterproof Clothes,Dog Rain Gear Rainy DaysThe 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,Pet house kennel Cat nest Small dog Large dog Washable pet nest Pet mat Pet bed Soft comfortable Four seasons available (Size 55 45 19)Pet nest Oxford cloth PP cotton soft suitable for cats, dogs, small animals, etc. (color BROWN, Size Xl) 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.

Pet Stroller Builtin Safety Rope Foldable Pram for Dogs and Cats Free Rain and Wind Cover With 4 Wheels Loading 50 kgPet Stroller Lightweight Folding Fourwheeled Pet Stroller Small Dog Cat Stroller Puppy Stroller Disabled Pet Car (color Red)

Portable Style Leopard Fashion house Pet Foldable S) Size B, (color Size 3 colors 3 Bed Room Dog Cat House Pet vagu006d91486-New pet supplies

Pet Studio Pine Frame Dog RampStepsPet Supplies & Indoor Training Pet Potty Cat Training Potty (14 12.5 3 ),blueE

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, Pet World PEUGEOT BIPPER TEPEE 20092014 CAR DOG CAGE BOOT TRAVEL CRATE (Double)the parties commit to:Pet Supplies Cat Ring Paper ThreeWay Tunnel Zhiyi Cat Toy Drill Bucket Foldable Cat Channel (color Pink)Pet Supplies Diagonal Breathable Cat Bag Dog Bag Foldable Out Carrying Bag Portable (color Black, Size S) “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.Petprojekt Small Tretbon Dog Treat Bone, blueePink 352422cmFJH Pet Box Ventilation Cage Cat Dog Shoulder Diagonal Portable Travel Transport Car Out Of Consignment 3 colors (color Red, Size 40 26 26cm)

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, Pet Supplies EVA Pet Bag Out Shoulder Bag Carrying Bag Dog Travel Bag Cat Dog Breathable Casual Messenger Bag (color A1)Pet Supplies Kennels Soft Comfortable Pets Cat Nest,Yellow,Swas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Pinkaholic New York Lapine Pinka Harness, Large, IvoryPontec PondoMax Eco 2500 Pond Pump.

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. Pet supplies Pet House Cat Nest Cat House Cat Bed Cat Cage Kennel Mat Dog House Pet Bed Pet Supplies mprove sleep and carryThe 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. Pet Supplies Pet stair steps, threestory stairs, 100% cotton, removable and washable, length 65cm, width 40cm, height 35cmPet Dog Beds Autumn and Winter Models Thick Warm Round Cotton Velvet Footprints Kennel Candy color pet nestPet Gear Easy Step III Pet Stairs, 3Step for Cats Dogs, Removable Washable Carpet Treads, for Pets Up to 150lbsLast 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.