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10 June 2020 / John Gould
Issue: 7890 / Categories: Opinion , Profession
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Doing the right thing in strange times

As we begin to adapt to the new normal, John Gould asks whether it’s time to adopt a new approach to ethics

It’s easy in prosperous times to do the right thing, but it’s a lot harder when the financial pressure is on. Character is barely tested when behaving properly is easy, but most people have a moral breaking point if the circumstances are extreme. No two people are likely to feel pressure in exactly the same way and intolerable pressure for one may be an exciting challenge for another.

The epidemic is changing the rules of behaviour in ways which are as yet uncertain. For law firms, the larger the economic threat, the more their values and beliefs will be tested. The foundations of well-worn expressions of people priorities may begin to crumble. For some who have enjoyed a benign prosperity, a new and unfamiliar balance may have to be struck between their money and their values. It may be that there is a gap between the lowest acceptable standards

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Fieldfisher—Julian Balson

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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
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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