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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.. ____ New Women’s Nike Air Max 98 Pink Barely Rose Elemental Rose Wmns Sz 8WOMEN'S NIKE AIR MAX 95 WINTER [880303 700] NO WHEAT FLAX ALE GUM BROWN SZ 5(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, NEW Womens NIKE Free 5.0 Trainer Fit 5 Doernbecher 839122 540 Sneakers ShoesNike Flyknit Racer Triple Black Blackout Anthracite SZ 4.5 Womens 6 (526628-009)particularly those in the Merchant Marine Act of 1920 (Jones Act), under which only compensatory damages were recoverable.Nike Air Max 98 Women's White Reflect Silver Size 9.5 (AH6799 103) NewNike Air Max 1 V SP 'Patch" Black Rare SZ 6 // Womens 7.5 (704901-001).

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. Women's Nike Air Max 2017, Dust/White-Aluminum, (849560 002) US; 7.5Nike Air Max 1 SI Womens Running Training Shoes Particle Rose Size 7.5Second, 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. Nike Roshe Flyknit Multicolor Black Womens Size 11, NIKEiD ID 704927-001 Men 9.5Nike Air Jordan 11 Retro Low Citrus Women's Size 6.5Third, 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 2018 WMNS Nike Air Jordan 1 Retro High SOH SZ 10.5 Sunset Tint OG NRG AO1847-645.

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. Women's NIKE Air Max Thea Ultra Flyknit Metallic - Size 10.5 (881564-001)NIKE BOOTS MERCURIAL VAPOR VII SCARPINO FOOTBALL SHOES FG 441976 547 Sz 8The 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 Nike Air Max 1 Ultra Flyknit Casual Women's Shoes Size adidas f50 adizero trx fg Leather Soccer Cleats Size 11.5adidas Performance Men's Copa Mundial Soccer Shoe - soccer shoesthat 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. NWB Swarovski Studded Nike Free 5.0 TR Fit Black Running Shoes 703674-004Nike Free TR Training Flyknit White Black Grey Platinum Wmn Sz 11 718785-100The 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,New Arrival Nike Air Max 97 OG QS Women's Running ShoesWMNS NIKE AIR MAX 98 SAIL-RADIANT EMERALD SZ 5.5 [AH6799-106] 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, 2006 Nike Women's Air Force 1 Premium BLACK RAVE PINK GREY LEATHER 308038-001the parties commit to:adidas f50 adizero trx fg men's 11 anodized blue white slime green soccer cleatsadidas Men's Ace 15.1 FG/AG Solar Orange/Black S83209 “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.307960010 NIKE AIR MAX 95 TRIPLE BLACK WOMENS SNEAKER SIZE 10.5Nike WOMEN'S Air Force 1 FLYKNIT Bright Melon SIZE 7 BRAND NEW

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, Adidas Ace Tango 17+ Purecontrol TF (Model S82079) (Men)Men's Adidas Performance Freak X Carbon Mid Football Cleatwas laid amending the Climate Change Act 2008 so that ‘80%’ is replaced by ‘100%’.Nike WMNS Air Huarache Run Print - 725076 400NEW NIKE LUNAR EPIC LOW FLYKNIT 2 Running Shoes Womens Black White sizes 6 - 7.5.

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. Adidas predatop powerserver US12 (Pulse Absolute Mania)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. Adidas Men Boots Shoes Sala Soccer Nemeziz Tango 18.3 Indoor Football DA9621 NewNike Air Max Thea Premium <616723-012> Women's Sizes US 5 ~ 10.5 / New in Box!Nike City Loop Women's Navy/Black/Racer Pink/Summit White A1097401Last 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.