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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.. ____ 112cm Round Water Feature Pebble Pool and Heavy Duty LidKESS InHouse Strawberringo Sushi Pattern orange Brown Pet Bowl, 4.75 (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, 3 Step Dog Stairs For Couch, Pet Dog Cat Steps Stairs for High Bed and Sofe, Dog Steps Ladder for Smaller and Older Dogs, PU Leather, Pink (color 3 Step)Kess InHouse Nikposium Boysenberry Pet Bowl, 7-Inch, bluee Purpleparticularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.CTAO Portable Pet Travel Carrier Backpack For Cats Small Medium Dogs Pets Larger Space Capsule Breathable 38 26 38cm,Purple-depth38 45cmAndrewex wooden fence 164 180 x 90, varnished,teak, garden fence, privacy, fencing panel.

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. M LLYU Dog Clothes Devil pet Coat Autumn and Winter Clothing (Size M)10 small pieces HUYP Baby Playpen Baby Playpen Panels Baby Fence Play Area Baby Fence Safety Baby Playpen with Door Pet Fence (Size 10 Small Pieces)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. DIYthinker Colombia National Emblem Country Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm GiftKess InHouse Miranda Mol Festive Splash Feeding Mat for Pet Bowl, 18 by 13-InchThird, 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 DIYthinker Christmas Cute Deer Festival Anti-Slip Floor Pet Mat Square Home Kitchen Door 80Cm Gift.

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. Bio-Groom Groom N Fresh CologneMagenta S Magenta S Alroman Pet Shirts Dog Vest Puppy Tee Dog T-Shirt Cat Vest Cat Shirts Pet Clothes for Small Female Dogs and Cats Doggie T-Shirt Cats Apparel Puppy Summer Apparel Pet Beach Wear (S, Magenta)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 L WTTTTW Pet Cooling Gel Pad Non Sticking Blanket Keep Pets Summer Cool Comfort for Cats and Dogs Rectangle BUG-LPH High-Precision Simulation 1 1 Wild Ostrich Skull Resin Model Exhibition Specimen Resin Skullgold S(neck 17\ gold S(neck 17\ HOOTMALL Rhinestones Dog Collars-2 Wide Crystal Diamonds Studded PU Leather 5 Rows Sparkly Crystal Studded Collar for Medium and Large Dog (S(Neck 17 -20 ), gold)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. KESS InHouse Dlkg Design Flower Party Black Pink Dog Bed, 50 x 40 Juniper 22-Inch Juniper 22-Inch Hurtta HU932241 Padded Dog Y-Harness 2, Juniper, 22-InchThe 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,Black XL Black XL Tongboshi Dog Mouth Cover, Dog mask, Anti-Biting, Siberian Husky, Medium and Large Dogs, Anti-Disorder, pet Dog Cover, Dog Cover, Mouth Cover, Brown S-Recommended 6-15 kg (color Black, Size XL)Buckle-Down Diagonal Stripes Pastel bluees Martingale Dog Collar, 1 Wide-Fits 15-26 Neck-Large 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, E 37X18X22CM E 37X18X22CM BLWX Pet Bag Cat Bag Out Carrying Bag Pet Bag Travel Bag Teddy Bomei Portable Diagonal Bag Cat Folding Breathable Cage Pet Bag (color E, Size 37X18X22CM)the parties commit to:Hamilton LQLC S RD 3 8-Inch x 6-Feet London Quick Lead and Choke Collar for Dogs, Red, bluee and Tan Striped PatternBlack L 32 FT Black L 32 FT Pethome Nylon Dog Training Leashes Pet Supplies Walking Harness Collar Leader Rope for Dogs Cat (L 32 FT, Black) “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.Manificent Dog Car Seat Covers, Nonslip Pet Seat Cover, Hammock 600D Heavy Duty Waterproof Scratch Proof Dog Seat Covers Fits Most Cars, Trucks, SUVsGUANG GUANG Fish Tank Ultrapurple Germicidal lamp Aquarium Disinfection Lights Water Purification Supplies 7w

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 M C M Best Cat and Dog Pet Bed,Ultra Plush Sofa Style Couch Pet Bed for Dogs & Cats, Cozy Inner Cushion for Home Easy Maintenance Dog Bed,C,MKess InHouse Nina May Aqua Snake Fleece Dog Bed, 50 by 60 , bluee Tealwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.KESS InHouse Oriana Cordero Trendy Frida Kahlo Purple Teal Dog Place Mat, 13 x 18 bluee S bluee S PetBoBo Dog Life Jacket for Small Medium Large Dogs, Adjustable Pet Life Preserver Safety Dog Swimming Pool Vest, Dog Life Jacket Mermaid Sea-Maid Pet Costume Swimming Clothes Apparel.

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 Fun Hole Fleece Dog Bed, 50 by 60 , PinkThe 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. B 55x50x16cm B 55x50x16cm Lozse Pet Beds Pet Nest Pet Mat bed for Dogs and Cats Sleeping Cushion7lb bluee Buffalo Indoor Health Dry Cat Food 7lbKennel Pads Dog Beds Solid Wood Pet Bed Dog Pad Teddy Wooden Cat Litter Small Medium Dog Outdoor Four Seasons Universal 60×45cm Cat Bed Pet Supplies CoverLast 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.