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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.. ____ Valentino Black Pumps Size US 7.5 Regular (M, B)Stuart Weitzman 5050 Boots/Booties Size US 5.5 Regular (M, B)(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, Christian Louboutin Nude Anjalina 100 Patent Gold Mini Spike Heel 38 Pumps Size US 8 Regular (M, B)Christian Louboutin White Blue Cataclou 140 Denim Espadrille Sandals Heel Wedges Size US 7 Regular (M, B)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Christian Louboutin Purple and Gold Platforms Pumps Size US 8 Regular (M, B)Christian Louboutin Leopard Daffodile Jacquard 160 Platforms Size US 7.5 Regular (M, B).

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. Valentino Sky-blue Rockstud Flats Size US 8 Regular (M, B)Christian Louboutin Black Classic Madame Menule 100mm Strass Bow Velvet Point Toe Sz. Euro Pumps Size EU 39.5 (Approx. US 9.5) Regular (M, B)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. Christian Louboutin Pigalle Follies Glitter Sirene Silver 39.5 100mm Pumps Size US 9.5 Regular (M, B)Valentino Flat Rockstud Black Leather Sandals Size US 6.5 Regular (M, B)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 Stella McCartney Black Wedge Creeper Platforms Size US 8 Regular (M, B).

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. Christian Louboutin Pink Platforms Size US 7 Regular (M, B)Prada White Flower Leather Brogue Espadrille Sneaker Platforms Size EU 37.5 (Approx. US 7.5) Regular (M, B)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 Jimmy Choo Red Anouk Pumps Size US 7.5 Regular (M, B) Francesco Russo Snakeskin Pumps Size US 6.5 Regular (M, B)Valentino Black Leather C-rockee Fringe Ankle Strap Pumps Size US 9 Regular (M, B)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. Christian Louboutin Cross Blake Electric Blue Patent Leather Stiletto 40 Pumps Size US 10 Regular (M, B)Christian Louboutin Red Bianca Open Platforms Size US 7 Regular (M, B)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,Christian Louboutin Leopard Boots/Booties Size US 9 Regular (M, B)Christian Louboutin Nude Pigalle Follies 100 Porcelain Floral Pumps Size US 6.5 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, Christian Louboutin Affiche Leopard-print Slide Animal 7.5 Wedges Size US 7the parties commit to:Stella McCartney White & Black Sneak-elyse Platforms Size EU 38 (Approx. US 8) Regular (M, B)Christian Louboutin Nude Decalcoco Nu Leather Cross Stiletto Pumps Size EU 39.5 (Approx. US 9.5) Regular (M, B) “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.Christian Louboutin Blue Mules/Slides Size US 9Christian Louboutin Blue Purple New In Box Iriza Half- D'orsay Suede 38 Pumps Size US 8 Regular (M, B)

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, Christian Louboutin Black New Colankle 120 Leather Ruffle Pumps Heels Sandals Size EU 36 (Approx. US 6) Regular (M, B)Stella McCartney Black Patent Leather Sculpted Accents / 10 Ne Pumps Size EU 40 (Approx. US 10) Regular (M, B)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Stuart Weitzman Black Suede Boots/Booties Size US 8 Regular (M, B)Manolo Blahnik Black Hangisi Crystal Buckle Satin 38.5 Flats Size US 8.5 Regular (M, B).

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. Dior Scarlet La Belle D Suede Sandals Size US 6 Regular (M, B)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. Stuart Weitzman Black Hiline Over The Knee Boots/Booties Size US 6 Regular (M, B)Giuseppe Zanotti Beige New Sneakers Size US 5 Regular (M, B)Valentino Nude Pumps Size EU 39 (Approx. US 9) Regular (M, B)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.