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The Return of the State?

12 August 2020 / Patrick Allen
Issue: 7899 / Categories: Opinion , Profession , Covid-19
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The pandemic has revealed the bankruptcy of austerity ideology, says Patrick Allen

The COVID-19 emergency has exposed many weaknesses in our economy caused by ten years of austerity, increased privatisation, and the concept of just in time delivery. Having spare capacity in hospital beds or court rooms was considered inefficient by the government.

Prudent businesses have long had disaster recovery plans to cope with severe emergencies no matter how unlikely but it seems that the country did not have one for this pandemic.

In the criminal justice system, waiting lists for trials had built up before the pandemic following cuts to the MoJ budget which had led to closure of courts. With all jury trials cancelled in March we now face an unprecedented crisis with a backlog of 40,000 trials.

The MoJ has trumpeted the creation of ‘Nightingale’ courts to tackle the backlog, but ten temporary courts cannot make up for the hundreds of courts that have been closed.

Five years ago, I highlighted the damage done to civil

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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