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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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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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