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An ode to the old normal

17 March 2021 / David Locke
Issue: 7925 / Categories: Features , Covid-19 , Profession
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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