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LIVERY NEWS –
LIVERY NEWS –
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THE CITY OF LONDON SOLICITORS’ COMPANY PRIZE 2024
We are delighted to announce that for the first time, the 2024 Company Prize has been awarded jointly to two worthy winners, Emily Louise from Hogan Lovells International LLP and Oliver Jones from Mayer Brown International LLP.
The Company Prize is usually awarded each year to an aspiring solicitor at a City firm who has gained a distinction on the Legal Practice Course and who, based on an essay competition and an interview with the Master and the Chair of the CLLS Training Committee, shows the most promise as a future City Solicitor. Emily and Oliver were both judged to be outstanding winners this year - their essays (reprinted below) answer this year’s competition question, “How would you describe to a non-lawyer what the Rule of Law is, why it’s important and what part City solicitors play in upholding it?
Oliver Jones – Mayer Brown International LLP
What the rule of law is
The rule of law is a constitutional principle which lacks a single, agreed upon definition. Indeed, the current Attorney General, Victoria Prentis KC MP, has described it as "one of the most elusive constitutional principles." However, there are four core elements which appear to be uncontroversial: equality, certainty, legality and access to justice. The law applies equally to everyone and no person, institution, entity or government is above the law; laws should be clear, predictable and accessible so that rights and obligations are understood; the state must act within its powers; and all must have access to independent courts which resolve disputes through a fair process. Some definitions argue that the scope of the principle is wider than this, for example, requiring that the state comply with its obligations under international law. The broadest definitions even encompass the content of the law, namely, ensuring the protection of fundamental individual rights, such as freedom of speech.
Why it's important
The rule of law is of fundamental importance to maintaining law and order, healthy democratic governance and a stable economy. People are much more likely to take the law into their own hands without access to adequate criminal and civil justice systems. A society which upholds the rule of law can therefore better guarantee the safety of its citizens. The principle does not stop people from breaking the law, but it means they must face the consequences, regardless of societal status. The abuse of state power is also prevented through the ability of independent judges to determine whether public bodies have acted fairly and within the remit
of their powers, ensuring they are not given a 'blank cheque' of unlimited authority. In turn, the courts uphold lawful decisions, enabling effective democratic governance. The principle is also conducive to a prosperous economy. Individuals and businesses are more inclined to enter into contracts if they are confident that those contracts will be honoured, or know that effective compensation options exist should they be broken. The economic argument similarly holds true for international agreements, such as trade agreements.
What part City solicitors play in upholding it
All parts of society play a role in upholding the rule of law, but this is especially the case for City solicitors who advise some of the largest businesses on navigating the law. As such, this advice can meaningfully impact upon people's lives, the stability of financial markets, and the integrity of the justice system. Counselling these organisations towards legality therefore advances the rule of law. Adhering to the ethical guidelines which regulate the profession, such as acting with honesty, integrity and independence, even in the face of possible commercial or social pressure to do otherwise, is key to this. These values prevent activity which would undermine the principle, for instance, misleading the court. Finally, City solicitors are also able to uphold the rule of law through pro bono work, which enables the most vulnerable members of society to assert their legal rights.
Emily Louise - Hogan Lovells International LLP
Given the universal discussion on what the rule of law is and where it truly applies, it is perhaps best defined by what it is not. It is not a society in which the rules and rights of citizens are uncertain. It is not a society where the system you must follow is dictated by rank or status. It is not a society where justice is suppressed or concealed, through lack of independence or otherwise, nor where the state can exceed its powers without being adequately restricted. Society without the rule of law is inherently unjust, in a way that cannot be appropriately challenged.
It follows that the rule of law is a framework or frameworks which ensure fairness, including through mechanisms that allow for transparency, equality, and democratic freedom in society. Understanding the importance of the rule of law is rooted in the consideration of how society would, or does, manifest without it.
Considering what the rule of law is not leads to an understanding that it is not assured, and the extent to which it exists can be called into question in any state, especially when policy or decisions signal change. In the UK itself, there have been accusations of democratic backsliding, the process in which the curbs on state power gradually erode. Attention has been called to the Elections Act 2022 which altered the independence of electoral bodies, the Public Order Act 2023 which increased state power to prevent protest and the ongoing legal aid cuts reducing access for low-income citizens to legal advice. The Windrush Scandal, the Post Office Scandal and the Partygate Scandal have also spotlighted the question as to whether everyone is equal before the law, not just as relates to individuals but organisations too. Considering these instances, the importance of both the principle and safeguarding of the rule of law is evident.
City solicitors work often with big business, but this is not a contradiction to upholding the rule of law. Indeed, the fair administration of justice relies on legal representatives driving those clients towards legality, whether that be by legally supporting challenges to legislation as imposed or interpreting how to best follow procedures to ensure that all companies are transparent in their dealings.
Yet, more widely, each City solicitor and the firm they represent is part of something bigger — teaching, promoting, and sustaining the rule of law at large. This is done by ensuring that we in the City represent the society we form part of, whether that be by promoting diversity, access and inclusion, community funding, knowledge sharing or pro bono initiatives; the role of City solicitors is not complete at billable work. We should confidently be able to say that without City solicitors, the upholding of the rule of law in our society would weaken; if this is not the case, we fail to be stewards of justice. The City is increasingly recognising this, and it should be reflected upon in every action and inaction that we consider.
DATES FOR YOUR DIARY 2024/25
30th September 2024
Common Hall (Election of Lord Mayor) followed by lunch at Butchers' Hall
1st October 2024
Court Meeting followed by Celebration of Impact Event, Armourers’ Hall
16th October 2024
Lucky Girls II Networking Event
October (date TBC)
“Food for Thought” Seminar – AI in legal services
9th November 2024
Lord Mayor’s Show
11th November 2024
Solicitors’ Company Livery Dinner
12th December 2024
Solicitors’ Company Carol Service, St Mary-le-Bow followed by reception & supper
25th February 2025
Annual Banquet at Mansion House
28th March 2025
United Guilds Service followed by lunch
24th June 2025
Common Hall (Election of Sheriffs) followed by lunch
