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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
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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