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17 March 2021 / David Locke
Issue: 7925 / Categories: Features , Covid-19 , Profession
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An ode to the old normal

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Not every change to our working lives post-COVID is a step forward: David Locke laments the loss of pre-pandemic positives

Despite the hyperbole, 2020 was neither unprecedented nor apocalyptic; yet the most pernicious phrase to gain traction, first in the media then across the professions, must surely be ‘the new normal’. When spoken, it tastes a bit like surrender. In action, it can look a bit like seizing upon the prevailing situation for commercial advantage. It is certainly not that we cannot learn many lessons from the ways in which the legal professions and institutions have adapted to the current crisis. However, some of those lessons may be that we were doing it rather well before. Consider these examples.

Courts

To generalise, the administrative function of the courts has been grievously affected by the pandemic. Applications are turned around much less efficiently than before, and hearings are being delayed. That is no criticism—it is entirely to be expected. However, the courts have by and large been admirably adept in

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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