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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

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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