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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.. ____ Pet Backpack Summer Breathable Dog Bag Cat Bag Dog Bag Travel Bag BackpackPet Backpack Travel Bag Surface Breathable Mesh Pet Carrier Outdoor Cat and Puppies bluee(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, Pet Backpack, Breathable Mesh Handbag, Comfortable Portable Shoulder Bag, Foldable Animal Travel Bag (Light bluee),SmallPet Backpack, Travel Portable Cat Dog Bubble Carrier Breathable Capsule Astronaut Waterproof Canvas (color C)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Pet Backseat Cover with Safe Belt,Dog Cat Sitting Mat Soft-Sided,Hammock Oxford 600D Waterproof Anti-Scratch Proof Nonslip Durable Soft for Car Truck and SUVPet Bag Breathable Portable Folding Travel Hiking Camping Oxford Cloth Outdoor Pet Bag,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. Pet Bag Detachable Trolley Case Pet Out Carrying Bag Pet Backpack Cat Bag Trolley Case Pet Backpack High Light Rod Alloy More Durable Double Row WheelPet Bag Large Space Material Multi-Function Pocket Travel Hiking Camping bluee Hands-Free Outdoor Pet BagSecond, 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. Pet Bag Out Portable Cat Case Breathable Doggy Bag Pet Car Bag 54 35 29cm (Grey)Pet Bag Pet Trolley Bag Out Cat Shoulder Bag Can Be Fully Enclosed Four Seasons Suitable for Medium-Sized Dogs Polyester Fabric 18.1x12.5x15.3 Inches (Houndstooth)Third, 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 Pet Bed Portable Cotton Soft Pets Cat Dog House, Car-Shaped Bed Cradle Sleep Mat.

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. Pet Bed Cat Litter Box Fully Enclosed Deodorization Snow Mountain Cat Litter Large Cat Toilet Light Waste Bin Cat Litter Bowl Deodorant Anti-Splashing 40.5cm×30cm×13.8cmPet Bed Dog Cat House Rattan Soft Warm Washable Scratch Proof With Cushion And Pine Lid Four Seasons 45x45cmThe 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 Pet Bed Geometry Reversible Pet Dog Pillow Pet Cat Tunnel Toys for Cat Kitten 4 Holes Collapsible Crinkle Cat Playing Tunnel Toy with Ball Tent Toy for Small Animal RabbitPet Clipper Set Titanium Ceramic Blade Pet Hair Cutter Low Noise Long Lasting Pet Hair Removerthat 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. Pet Bed Pet Bed Red Pet Nest Four Seasons General Small and Medium Detachable Washable Cat Kennel Villa Warm MatPet Bed Pets Tent Outdoor Sunscreen Kennel Cat Litter Small and Medium Sized Dogs ApplyThe 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,Pet bed Small Dog Bed Keep Warm Cat Bed Sofa-Style Couch Round Petal Sleeper Plush Mattress Pet Products For Small Dog And Cat Garfield TeddyPet Bed Warm four Seasons Universal Removable Washable Pet Bed 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, Pet Bowl Cat Ear Cat Bowl Pet Creative Cute Cat Supplies Cat Food Bowl Water Bowl Cat Ear Bowl Pet Products, 18cmX18cmX6.6cmthe parties commit to:Pet Dog Carriers Cat Travel Carrying Handbag Soft Sided Pet Carrier for Dogs and Cats(Red)Pet Dog Cooling Mat Ice Pad Cooler Mats Gel Pad Dog Cat Cage Cushion Summer Keep Cool “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.Pet Bowl, Cat Dog Bowl,Platform Pet Feeder, Pet Bowl That Can Measure The Amount of Food, Food Grade ABS, WhitePet Breathable Carrier Bag Portable for Small Dogs Cats Puppies Breathable and Easy to Store Comfortable Durable for Travel, Hiking, Walking & Outdoor Use,L

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, Pet Dog Outdoor Training Chest Strap Saddle Pet Vest Dog Chest Strap for Small and Medium DogsPet Dog Toys Durable Pet Rope Chew Toy Set Cotton Rope Dog Toy Teeth Cleaning Teeth Grinding Slippers Non-Toxic Material Vibrant colors Attractive Designwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Pet Buddies PB1152 Rubber Ringer Dog Toy, bluee GreenPet Car Booster Seat for Dogs Cats Car Pet Pad Car Dog Cage First Officer Dog Car Safety Seats Waterproof Wear-Resistant Pet Cushion.

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. Pet Dry Food Storage, Hold Contents Upto 15Kg in Weight Airtight Seal for FreshnessThe 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. PET FACTORY 24009 Rawhide Dog Bone, 9-10-Inch by Pet FactoryPet Car Mat, Rear Rear Seat Cushion, Waterproof Oxford Pet Car Mat (L130W138 cm)Pet Car Seat Cover with Zipper for Cars, Trucks and SUVs Black, Waterproof and Non-Slip SupportLast 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.