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27 October 2020 / Athelstane Aamodt
Issue: 7908 / Categories: Features , Covid-19 , Profession
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Managing a pandemic: Back to the future?

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In the light of the coronavirus outbreak, Athelstane Aamodt analyses the approach to managing pandemics across the centuries

We are all living with the interruptions to normal life that have resulted from the government’s response to coronavirus. The Coronavirus Act 2020 and its 29 schedules, not to mention the secondary legislation that has been passed under its aegis, is the legal framework that governs how much of the country will function in the interim.

All of this begs the question: how were such things handled in the past? How, before the existence of an international body like the World Health Organisation (WHO), which was founded in 1948, did countries manage (or not manage) to contain outbreaks of dangerous diseases by means of legal restrictions?

Quarantine

One of the earliest legal impositions designed to limit the spread of dangerous and infectious diseases is something that we still use today: quarantine. The word derives from quarantena which literally means ‘forty days’ in Italian. A document from 1377 tells us

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Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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