Unprecedented. Have you heard that word a lot in the past 4-5
months? Not surprisingly, the word 'unprecedented' is the
default word to describe society's reaction to COVID-19, its
effects on our healthcare systems, our behaviours, our compliance
(or not) with government directives and guidelines, and the impact
to our economy and economic well-being. This is, in our lifetimes,
the most rapid response to a threat on a global level. How millions
of people, living and working in jurisdictions with different
political structures have all responded is a fascinating study. It
is certainly trite to say that considerable post-pandemic analysis,
whenever 'post' is, will be undertaken.
Unprecedented is also a difficult word for a lawyer to rely on
when advising clients. It is also difficult for boards of directors
who operate on the basis of precedential guidance. Precedent that
derives from their duties at law. Every experienced director will
be aware of their
