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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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