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12 August 2020 / Patrick Allen
Issue: 7899 / Categories: Opinion , Profession , Covid-19
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The Return of the State?

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

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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