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An ode to the old normal

17 March 2021 / David Locke
Issue: 7925 / Categories: Features , Covid-19 , Profession
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Not every change to our working lives post-COVID is a step forward: David Locke laments the loss of pre-pandemic positives

Despite the hyperbole, 2020 was neither unprecedented nor apocalyptic; yet the most pernicious phrase to gain traction, first in the media then across the professions, must surely be ‘the new normal’. When spoken, it tastes a bit like surrender. In action, it can look a bit like seizing upon the prevailing situation for commercial advantage. It is certainly not that we cannot learn many lessons from the ways in which the legal professions and institutions have adapted to the current crisis. However, some of those lessons may be that we were doing it rather well before. Consider these examples.

Courts

To generalise, the administrative function of the courts has been grievously affected by the pandemic. Applications are turned around much less efficiently than before, and hearings are being delayed. That is no criticism—it is entirely to be expected. However, the courts have by and large been admirably adept in

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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