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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.. ____ KESS InHouse Kess Original Monogram Solid Grey Letter F Feeding Mat for Pet Bowl, 18 by 13-InchLEDENET 20 6500K-7000K White Super Bright 30LEDs 5050 Aquarium LED Strip for Fish Tanks Waterproof Aluminum Lights 12V DC LED Linear Lighting(Cold White 20 Long)(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, Brown XL Brown XL Tongboshi Dog Bed, Detachable Puppy, Teddy golden Dog Pad, Large Dog Bed, Small Medium and Large Mattress, Dog Mattress, Pet Supplies, Garfield, Kennel (color Brown, Size XL)6Ft. Long 1.0 Inches wide Regular Buckle-Down Party with Sluts Outline Black Multi Neon Dog Leash, 6'particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.7 4 Wheels Pet Stroller Cat Dog Cage Stroller Travel Folding Carrier,35lbs Capacity Travel Lite Foldable Carrier Strolling Cart1 Ceiling Mosquito Net Heighten Encrypted Ceiling Lace Princess Dome Mosquito Send Stick,1.

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 Striped Back 15.56'' Chest 22.04'' bluee Striped Back 15.56'' Chest 22.04'' MDCT Soft Warm Fleece Dog Clothes Pets Puppy Cold Weather Coat Mexican Style bluee Striped Back 15.56'' Chest 22.04'',M- 36\ BESSIE AND BARNIE Signature Frosted Glacier Black Puma Extra Plush Faux Fur Bagel Pet Dog Bed (Multiple Sizes)Second, 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. Fitwarm Pink Sweet Pet Dog Dress Lace Ribbon Clothes Shirts M by FitwarmFENGRUIL Knots Block Bird Chewing Toys for Parred Wood Rainbow Ladders Swing Bridge for Pet TrainningThird, 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 Geib Stainless Steel Small Pet bluee Breeze Speedcutter 48-Tooth Thinning Shears, 7-Inch.

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. Giraffe Cat Climbing Frame Cat Litter Four Seasons Universal Cat Scratch Board Cat Tree with Nest Toys Pet SuppliesHQSB Corduroy Pet Bed for Cats Dogs,Soft Comfy Washable Cat Dog Bed with Removable Cushion Four Seasons Avilable (color X, 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 4035cm Kennel Removable and Washable Four Seasons Universal pet nest cat Litter Small Dog Dog Kennel Dog Bed Doghouse mat Buckle-Down Seatbelt Buckle Dog Collar Looney Tunes Characters Bullseye Pose Black 1 Wide Fits 9-15 Neck SmallGreen Small 18\ Green Small 18\ K&H Pet Products Just Relaxin' Indoor Outdoor Pet Bed Small Green 18 x 26 Water Resistantthat 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. Kess InHouse Mareike Boehmer Nordic Combination II Abstract Fleece Dog Bed, 50 by 60 , RainbowLarge Sun-Dried Red Shrimp 2.5 OZThe 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,A07 M A07 M Pet Dog Clothes Dog Soft Warm Pup Dogs Shirt Winter Puppy Sweater for Dogs(A07 M)GREEN dog bed Pet Bed Canvas Kennel Four Seasons Universal Soft And Comfortable Breathable Waterproof Non-slip Durable A5 (color GREEN) 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, 16x27steel one size 16x27steel one size Stainless Steel 2 Loop Holes Dog Tag Blank Id Tags Pendant Both Sides Mirror Polished 50 Pcs,16x27steelthe parties commit to:54x42cm WALSITK Dog mat anti-bite non-slip candy color square warm pet nest cat kennel fashion pet supplies black 54x42cm1In Weaver Latigo Leather Utah Hobbles “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.Green 50cm42cm Green 50cm42cm Plush Cat Bed, Warm, Cozy and Durable Cat Bed, Suitable for Large Cats and Kittens(50cm42cm,Green)Grey PETMAKER Cat Pet Bed, Igloo-Soft Indoor Enclosed Covered Tent House for Cats, Kittens, and Small Pets with Removable Cushion Pad (Grey)

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, bluee 4XL bluee 4XL FLAdorepet Halloween Dog Shark Costume Outfits for Large Dog Winter Fleece Puppy Jacket Coat Hoodie Funny Dog Clothes golden Retriever (4XL, bluee)Green 142119cm Green 142119cm CWCZD Pet Rear Seat Mat Dog Car Anti-Dirty Pad Rear Car Seat,Green-142 119cmwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Fityle Creative Pets Dogs Slow Down Feeding Feeder Pet Puppy Cat Eating Food Bowl6045cm Nappies 100 Pack- Pet Training Pads Toilet Trainer Pad Potty Training Pads Pets Products Puppy Dog Pee Anti Slip Leakproof (Size 60 45cm).

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. Kess InHouse Danny Ivan California Pattern Brown Red Fleece Dog Bed, 30 by 40 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. Easy Clean Water Bowl 9' Heat Cable (Bowl Not Included)Majestic Pet 25-Inch by 40-Inch Step In Pet Harness for Dogs, X-Large, bluee by Majestic Pet Products, Inc.Barkworthies Odor Free Bully Sticks Chewable Digestible Pet Dog Chew Treat 6 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.