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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.. ____ Dog Harness,Dog Vest,ARIKON No Pull Effect,Reflective Adjustable Strap,Lightweight,Breathable,Strong and Durable,Specially Designed for Large and MediumDog Harness,Pet Harness Adjustable Outdoor Pet Vest Reflective Oxford Material Vest for Dogs Easy Control for Small Medium Large Dogs,S(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, Dog Heating Pad Adjustable Temperature Waterproof Pet Bed Warmer with Chew Resistant Cord Soft Removable Cover Overheat Predection,BrownDog Helios Torrential Shield' Waterproof MultiAdjustable Full Bodied Pet Dog Windbreaker Raincoat, XLarge, Pinkparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Dog Hooded Raincoat, UltraLight Breathable 100% Waterproof Packable Outdoor Dog Poncho, Four Legs Rain Coats for Small Or Medium Dogs,SDog Hoodies Security Little Printed,Beard Hat Pet Apparel Dog Sweatshirt Warm Sweater,Cotton Jacket Coat Small,Medium Dog & Cat (XXL, Winered).

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. Dog House for Small Dogs Pineapple Shape Winter Warm Dog Bed,Pineapple,S38x38x45cmDog House Kennel Washable Dog Mattress BiteResistant NonStick Hair Cool Ice Pad Cat Mat,Red29cmSecond, 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. Dog House Pet Supplies Pet Nest Teddy golden Retriever Dog Bed Dog Mat Cat NestDog House Winter Plush Cat Nest Removable And Washable Dog golden Retriever Pet Pad Creative Pet Nest Dog Cushion WThird, 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 Dog in the Closet, Birthday Princess Dog Tutu.

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. Dog Is Good Dogism Carrier, Small, blueeDog Jacket for Cold Weather, Knitted Thermal Pet Clothes Sweatshirt, Dog Coat Windproof Waterproof, Warm Winter Puppy Pet Coat, Dog Safety Vest, Pet Dog Apparel,bluee,SThe 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 Dog JerseyWide Retriever, Size Medium by Unknown Dog Leash,Soft Touch Filling Handle Brown & Black Dog Leash for Large, Medium & Small Dog Walks,Trainingb 73x1.6cm(29x1inch)Dog Leggings Auxiliary Set, Pet Leg Injury Surgery Rehabilitation Bracket Joint Knee Pads Leggings Fixed Recovery Strap (Size S)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. DOG KENNEL FOR MEDIUM SIZE IGLOO RESISTANT RAIN GARDEN HOUSEDog Kennel pet nest Teddy golden Retriever Small Dog Creative Small and Medium Dog pet Kennel (color Brown)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,Dog Kingdom Mushroom Studded Leather Dog Pet Collar Harness Leash 3pcs Set Walking Pitbull Boxer Black MDog Lead Chain Collar Leash Durable and Easy to Clean with Small Medium and Large Iron Teddy golden Hair Pet Supplies (color Green, Size L) 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, Dog Lead for Walking Small Dogs No Tangle, for Walking Running Hiking Retractable Lead 3M 5M for Small Dog Cat,bluee,5Mthe parties commit to:Dog mat Wo Pet heat mats in summerA 90x75cm(35x30inch)Dog Mouth Cover Duckbill Shape Antibite mask AntiBreathing mask Silicone Material Dog Mouth Set SmashProof Antibite Smashing Wound Duckbill Set Dog Supplies Dog mask,Green,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.Dog Lead Leashes Dog Chains Nylon Reflective s for Small and MediumSized Dogs Dog Training Leash (color Red, Size Large)Dog Lead Pet Dog Leash Patch Lattice Chest Strap, m Dog Training Leash (Size M)

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, Dog Nail Clippers Safety Pet Pet Grooming Supplies Safety DeviceDog Nest, Dog Bed, Teddy Kennel, Pet Nest, Cat Nest, Four Seasons Universal, Warm and Comfortable, Deerskin, Removable And Washable, Large and Mediumsized Dogs, golden Retriever Dog Kennel, Rwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Dog Lead Pet Supplies Dog Rope Leash Large Dog Bold Collar Dog Training Leash (Size XLarge)Dog Lead Retractable,3M 5M 6M Pet Leash,Extendable Dog,Pet Leads One Button&Lock System,Dogs to Training and Walking.

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. Dog Outdoor Leash Dog Leash Outdoor Running pet Traction Set Nylon Dog Chain, Belt 70128cm, Traction Rope 130160cm, bluee Walking Leash (color bluee)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. Dog Outdoor Leash Pet Woven Traction Rope Large Dog Nylon Comfortable Dog Chain,1.8cm,A Walking Leash (color 1.2cm C)Dog Lead Traction Rope Small Medium and Large Chain Vulcanized for Rope Multi Function Imported Pet Supplies (color bluee, Size M)Dog Leash Retractable Gel Pet Leash Handle Red LargeLast 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.