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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.. ____ Black L Homyl Reptile Hide Cave Lizard Snake Habitat Increase Humidity Pet Supplies Black L10 to 13-Inch Puppy Bumpers Black Dot Rainy Day Puppy Bumper, 10 to 13-Inch(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, (1 25mm) Stubben 1167 Dynamic Soft TouchKess InHouse Danny Ivan Abstract Shapes Pet Bowl, 7-Inchparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.18\ Bestbuddy Pet colorful Donuts Durable Nylon Designer Fashion Dog Collar Trendy Comfortable Adjustable Dog Collar with Buckle BBP016colorado Saddlery colorado Saddlery Horsehair Mecate 15-12, 5 8 x 22'.

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. KESS InHouse Kess Original Noblefur Red Dots Feeding Mat for Pet Bowl, 18 by 13-Inchbluee L bluee L Pet Dog Costume, Teddy Dog VIP Than Bear, Puppy Pet Navy Suit (color bluee, Size L)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. 1\ Buckle-Down PC-WDY280-M Dog Collar Plastic Clip Buckle, 1 x11-17 , Purple White30x12\ PETMAKER Pet Pool and Bathing Tub-Foldable with Carrying Bag Included, Travel Friendly Tub, 30x12Third, 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 Green M Green M Large Dog Harness Lift Handle Reflective Mesh Dog Harness Vest Halter Harnesses K9 Outdoor Walking Hiking M L XL Green M.

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. B L B L LJM- Dog Bed, Pet Bolster Bed Raised Rim Supporting Good Sleep Great Small Medium Dogs (color B, Size L)Brown orange Neck Size 14\ Brown orange Neck Size 14\ BronzeDog Leather Braided Dog Collar with Brass Buckle Padded Collars for Puppy Small Medium Large Dogs Pink bluee Red Purple Beige (Neck Size 14 16 , Brown orange)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 Brown Beige 18\ Brown Beige 18\ Real Leather Soft Leather Padded Dog Collar (18 -21 Neck; 1 Wide, Brown Beige) Green Medium Green Medium DOGHELIOS 'Neo-Indestructible' Embroidered Thick Durable Pet Dog Leash and Collar, Medium, GreenKESS InHouse Juan Paolo Empire State of Mind bluee Multicolor Dog Bed, 50 x 40 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. 20000 Litre All Pond Solutions Pressurised Koi Fish Pond Filter and UV Steriliser for PFC-20000 Litre(12 Pack) Johnson's Vet Easy Dose Wormer Size 3 Large Dog 4 TabsThe 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,LSHUAIDJ Aquarium fish tank ceramic transfer ball living room water humidifier office fountain ornaments home decorationsGlosso Factory D, Dark Water Extracts for Aquariums with Natural Tannins, Humic and Fluvic Acids, to Reduce Fish Stress and Promote Breeding (8oz) 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, A QYSZYG Pet Toys Big Eyes Plush Toys Pet Sounding Toys Small Dog Pet Supplies Dog Pillow pet Toy (color A)the parties commit to:bluee Pet Puppy Supplies Pooper Scoopers Dog Stool Cleaner Large Dog Clip Toilet Dog Clip bluee and Red 16 10 15cm (color bluee)Cat-A-Lack 120-Piece Kitty Puffs Squeak Toy “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.5-Inch Myler 33 Three Ring Combination BitKess InHouse Danny Ivan Curved Squares Multicolor Pet Bowl Placemat, 24 x 15

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, C Small C Small Barry-L Dog Bed Cat Bed Pet Nest Four Seasons Universal Dog Supplies Cat Litter Labrador Teddy Removable Dog Kennel Sofa Bed Pet Bed (color C, Size S)Black Gperw Cat Bed Breathable Cat Cave Resting With Dangling Ball And Cushion For Cats And Dogs Non Slip Cushion Pad (color Black)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Global Brands Online Pet Carrier with Two Side Expansion Ideal Designed for Cats, Dogs, Kittens, Puppies Pet Bag OutdoorAnnCWLY Pet Wheelchair Adjustable Size Hind Limb Training Auxiliary Scooter, M Model, Suitable for 9-16KG, 33-40cm Dog Wearing.

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. B Weiwei Dog Sleeping Blanket Quality cat Blanket Soft Waxy Little More Than Bear pet BlanketThe 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. Hoomall Summer Soft Pet Cooling Pad Cooling Mat for Dogs Cats Kennel Mat Breathable Pet Crate Bed Liner Mattress (XL, bluee)30 by 40\ Kess InHouse Empire Ruhl bluee Circle Abstract Geometric Fleece Dog Bed, 50 by 60 , NavyFRINGE STUDIO Happy Breeds Large Straight Bowl (475015)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.