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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.. ____ St. John Beige & Gold Sequin Embellished Silk Satin High Heel Strappy Sandals Size US 7 Regular (M, B)Ralph Lauren Black Holleen Nappa Braided New In Box Sandals Size US 7.5 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, K. Jacques Tan Cork Wedge Sandals Size US 6Kenneth Cole Black Mind Body Soul 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.Skechers Pink/Blue Skech-air Sneakers Size US 6 Regular (M, B)Charles by Charles David Brown & Cream Platform Mary Jane Pumps Size US 5.5 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. Steve Madden Tan Eira Sandal Wedges Size US 7 Regular (M, B)Nine West Taupe Ellena Sandals Size US 7.5 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. Sam Edelman Platforms Size US 10 Regular (M, B)Nike Blend Of Pink / Tangerine and Other Color Flyknit Max Sneakers Size US 9 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 Minnetonka Grey Boots/Booties Size US 7 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. Nike Grey Roshe Sneakers Size US 7.5 Regular (M, B)Scene Yellow/Gold Pumps Size US 7 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 Dansko Brown Mules/Slides Size US 7.5 Regular (M, B) Marc Jacobs Mauve Jane Pumps Size US 8.5 Regular (M, B)Donald J. Pliner Black Buriel Boots/Booties Size US 10 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. Sperry Tan Flats Size US 7.5 Regular (M, B)Sam Edelman Leopard Gigi Sandals Size US 10.5 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,Steve Madden Leopard Pony Hair Sz.6 Flats Size US 6 Regular (M, B)Reebok Gold Easytone Sneakers Sneakers Size US 8 Regular (M, B) 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, Nine West Brown Wedges Size US 7.5 Regular (M, B)the parties commit to:Christian Louboutin Beige Cataclou Wedges Size EU 37 (Approx. US 7) Regular (M, B)Rag & Bone Black Newbury Leather Boots/Booties Size US 6.5 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 Black Pumps Size US 6.5 Regular (M, B)Vince Camuto Tan Ankle Chunky Heel Wooden Open Toe Boots/Booties Size US 9.5 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, Alice + Olivia Black Floral Cutout Boots/Booties Size US 8.5 Regular (M, B)Frye Dark Brown Veronica Shortie Boots/Booties Size US 6.5 Regular (M, B)was laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Free People Black 'north Star' Over The Knee Boots/Booties Size US 8 Regular (M, B)Hermès Coral/Brown New with Box: Strappy Wedge Espadrille Sandals Size US 9 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. Burberry Prorsum Brown Sandals Size US 9 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. Christian Louboutin Coral New Pigalle Plato Patent Pumps Size EU 36.5 (Approx. US 6.5) Regular (M, B)Tory Burch Blue Wedges Size US 9 Regular (M, B)Christian Louboutin Black Satin 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.