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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.. ____ Red Small Red Small Pet Dog Bed Deluxe Memory Foam Recliner Shaped Sofa pet Bed Dog and catRobart Pinchless The Senior Western Bit(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, S (Wide) Up Country Chevron Dog 1 Collar Small (9-15) Wide 1) by Up CountrySafe & Non-Toxic 5 Pound Bag of Gravel & Pebbles Decor for Freshwater & Saltwater Aquarium w Light Earthy Nature Tone Varied Texture Rustic Pond Creek Style [Brown, Tan, orange, White & Black]particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Shoppy Star 8 pet Shears Dog Grooming Shears Cut Dog Hair Scissors Grooming pet Scissors for cat Curved pet Grooming Scissors Horse Trimmer Set with CombSmall CXQ Dog Bowl Pet Bowl Dog Food Bowl Large Dog Stainless Steel High Bowl Cat Bowl Green Pet Supplies (Size S).

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. Snoozer Luxury Lookout Pet Car Seat, Medium Luxury II, Black with Herringbone by SnoozerSturdy and Scratch-Resistant Cardboard cat Scratch BoardSecond, 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. Purple Alvalley Purple Sport Slip Lead with Leather Stop for Dogs Made of Strong Multifilament Polypropylene Rope (8mm X 123cm Or 5 16 in X 4ft)QZQWQNA Pet Carrier Dog Car Seat Cover Waterproof Puppy Car Booster Seat Predector Outdoor Travel Dog Car BasketThird, 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 Rhino Plus Medium Turnout Rug Charcoal Purple Check 5ft9.

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. Ruff Ruff and Meow Small Dog Tank Top, Flirty, PinkS 1 2\ EXPAWLORER Leather Dog Training Leash 6 Foot Heavy Duty Best for Small Medium Large Dogs 1 2 Width BrownThe 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 Shires Performance Suede High Wither Comfort Saddle Pad Pony Cob White Quick shopping Ultra Quiet Double Holes Aquarium Oxygen Pump Set(Include 1 Oxygen Pump,21M Rubber Tubes,2 Vesicular Stones)Quick-Tag Large Black Epoxy Chrome Bone Personalized Engraved Pet ID Tagthat 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. Small Alfie Pet by Petoga Couture Qeno Deer Hat Party Costume (for Small Dogs & Cats) color Brown, Size Small by AlfieSmart Cat Toilet Smart Net Taste Double Sand Design to Send Cat Litter Scoop Deodorant Cat Toilet Removable and Easy to CleanThe 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,STGOOD No Tangle Pet Leash Double Dog Leash Coupler Walker Training Leash for Small Medium Dog Three Dogs Leash Splitter Dog Trainer LeashPurina Moist & Meaty Wet Dog Food; Steak Flavor 36 ct. Pouch (3 Pack (36 ct.)) 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, Red QARYYQ 2-step pet stair small dog cat sofa cushion 48×40×20cm Pet Stairs (color Red)the parties commit to:Rae Dunn Small Kitty Cat BowlRainbow Stripe Chevron Adjustable Buckle Dog Collar Large 18in-28in by Yellow Dog Design “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.REPTI ZOO Reptile Terrarium Thermometer,Dial Gauges Pet Rearing Box Thermometer Celsius and FahrenheitRubie's Cheeseburger Hat for Pets, Medium Large

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, Rambo Dog Bed Original Navy Size Medium (68x57cms)Rambo Reflective Night Rider Exercise Sheet Small Silver Blackwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.S Wuwenw Cartoon Animal Pet Bed Cozy Small Medium Dog Cat Bed Kennel Washable Warm Puppy Round Nest Pet Pad Cushions Mat,SShearsDirect ST6-80 2 Piece Set Str & Crv Premium Grade 2 Piece Grooming Set, 8 .

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. RANVET Yellow Lotion 1L (Y0500)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. Rasta Imposta Bacon Dog Costume XXX-LargeSling Pet Dog Cat Carrier Bag Tote Handbag Travel with Adjustable Strap Breathable Portable Suitable for 5kg PetsSmall Warm Pet Clothes in Winter, Cat Clothes, Puppy Clothes, Soft, Comfortable, Pink (Size S)Last 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.