Specialisation: Common law

Admiralty law

Module A [LWM01A]

Admiralty jurisdiction and procedure

Introduction and nature of jurisdiction; enforceable maritime claims

Exercise of jurisdiction, actions in rem and in personam, maritime liens and procedure

Rules and doctrines restricting the jurisdiction of the Admiralty court

Convention jurisdiction basis and multiple proceedings

Module B [LWM01B]

Acquiring ownership in ships and the ship as property

Ownership, management and potential liabilities

Ship mortgages

Shipbuilding

Ship sale and purchase

Module C [LWM01C]

Safety regulations in navigation, liabilities and limitation of liability

Collision regulations for conduct of vessels

Criminal liabilities for breach of statutes or breach of duty

Civil liabilities for negligence causing damage; apportionment of loss and measure of damages; limitation of liability

Module D [LWM01D]

Assistance at sea and in ports

The concept of salvage under maritime law and the Salvage Conventions

Preconditions and elements of salvage; salvage agreements; assessment of award and special compensation. Liability of salvors for negligence and limitation

Towage contracts; liabilities to third parties arising from negligence during towage

The law regulating the rights and obligations of port authorities and pilots

Sequence:
Module C before Module D.

Textbook:
Aleka Mandaraka Sheppard, Modern Admiralty Law (London: Cavendish Publishing, 2001),
ISBN: 1859415318

Carriage of goods by sea

Module A [ LWM05A ]

Contracts of affreightment and voyage charter parties

Owners’ implied obligations: seaworthiness, reasonable despatch and no deviation; consequences for breach under common law; conditions, warranties, innominate terms; representations (descriptions of ship, date of arrival, cancelling

Charterers’ obligations: nomination of safe port, notification of owners of dangerous cargo

Voyage Charter parties: Owners’ obligation as to the ship, readiness to load and cancelling clauses; Charterers’ duty to load a full and complete cargo; Loading and discharging; Laytime and demurrage; Freight, lien and cesser clauses

Module B [ LWM05B ]

Time charter parties

Nature; description of ship, delivery date and cancelling clause; charter period; early or late redelivery; remedies arising from early or late delivery; payment of hire; off-hire; deductions from hire; withdrawal of ship for no punctual payment; employment and indemnity clause; owners' liens on freight or sub-freight

Module C [ LWM05C ]

The bill of lading contract and functions

The bill of lading as a contract; incorporation of charter party terms; identity of carrier; the bill of lading and third parties

The bill of lading as a receipt; representations as to quantity, condition and identity (leading marks) of cargo; common law and statutory estoppel

The bill of lading as a document of title and the Carriage of Goods by Sea Act 1992

Legal functions of other types of transport document: seaway bills, ship’s delivery orders and multimodal transport documents

Module D [ LWM05D ]

International conventions regulating the rights and obligations of the parties to the bill of lading contract

The Hague and Hague–Visby Rules; the Hamburg Rules; the Rotterdam Rules; genesis of the Rules and comparison. When do these rules apply? Excluded cases; period covered; no contracting out; the carrier’s duties; the carrier’s defences; responsibilities of cargo owner or shipper. Freight

Time limit for making a claim; limitation of liability

Sequence:

Students are required to attempt the modules in order.

Textbooks:

Wilson, J.F. Carriage of goods by sea. (Harlow: Longman, 2010) 7th edition [ISBN 9781408218938]. (Supplied as an e-book.)

Dockray, M. Cases and materials on the carriage of goods by sea. (Abingdon: Routledge, 2016), 4th edition [ISBN 9781138809888]. (Supplied as an e-book.)

Commercial trusts law

Module A [LWM06A]

The nature of commercial trusts

Equity, trusts and commercial expectations

The contractarian account of trusts

Unit trusts and other financial uses of trusts

The constitution of express trusts in commercial transactions

Module B [LWM06B]

Equitable devices used to take security in commercial contracts

Taking security in loan contracts

Equitable charges

Establishing title at common law and in equity

Example: collateralisation in financial transactions

Module C [LWM06C]

The recovery of property in commercial litigation

Breach of trust in commercial and investment transactions

Recovery of property in relation to terminated transactions

Personal liability to account of commercial intermediaries

Case study: the local authority swaps cases

Module D [LWM06D]

Investment of trust funds

The duty to invest under statute

The duty to invest in the case law

Principles of the law of finance

Issues with portfolio investment strategies

Sequence:
Module A first.

Textbooks:
Alastair Hudson, Equity and Trusts 5th ed (London: Routledge-Cavendish Publishing, 2007), ISBN: 9780415418478

Alastair Hudson, Understanding Equity and Trusts 3rd ed (London: Cavendish Publishing, 2008), ISBN: 9781859418871

Comparative criminal justice policy

Module A [LWM07A]

Methods of comparative research

Finding data

Measuring crime

Comparing statistics

Comparing policies

Module B [LWM07B]

Legal cultures and criminal justice policy

Common law

Civil law

Socialist law

Islamic law

Module C [LWM07C]

Aspects of comparative criminal policy

Policing and prosecution

Trials and sentencing

Use of imprisonment

Probation and community punishment

Module D [LWM07D]

Global crime

Controlling transnational crime

War crimes

Terrorism

International law and crime

Sequence:
The modules must be attempted in order.

Textbooks:
Francis Pakes, Comparative Criminal Justice 2nd ed (Cullompton: Willan, 2010),
ISBN: 9781843927693

Tim Newburn and Richard Sparks (eds), Criminal Justice and Political Cultures (Cullompton: Willan, 2004), ISBN: 9781843920540

Alison Liebling and Shadd Maruna (eds), The Effects of Imprisonment (Cullompton: Willan, 2006), ISBN: 9781843922179

Hannah Arendt, Eichmann in Jerusalem: A Report on the Banality of Evil (London: Penguin, 2006), ISBN: 9780143039884 or 9780140187656

Corporate finance and management issues in company law

Students are advised that the subject demands some previous knowledge of English law in general, and especially of the English law of contract and agency, and of trusts.

Module A [LWM09A]

Capital I

Introduction

Capital

Class rights

Module B [LWM09B]

Capital II

Raising capital: Shares

Raising capital: Debentures

Module C [LWM09C]

Corporate Management I

The management of the company

Directors' duties

Liquidation (in outline only)

Module D [LWM09D]

Corporate Management II

Management theory

Corporate governance

Sequence:
Module A first.

Textbooks:
Alan Dignam and John Lowry, Company Law 4th ed (Oxford: Oxford University Press, 2006), ISBN: 0199289360

Len Sealy and Sarah Wothington, Cases and Materials in Company Law 9th ed (Oxford: Oxford University Press, 2010), ISBN: 9780199576807

Paul L. Davies, Gower and Davies: The Principles of Modern Company Law 8th ed (London: Sweet & Maxwell, 2008), ISBN: 9780421949003

Derivatives law

Module A [LWM75A]

Analysing and documenting derivatives transactions

The nature of financial derivatives

The International Swaps and Derivatives Association (ISDA) Master Agreement structure

The provisions of the ISDA master agreement

Issues in the creation of financial derivatives

Module B [LWM75B]

Terminating derivatives transactions

The ISDA termination scheme in outline

Events of default

Termination events

The ISDA termination procedure

Module C [LWM75C]

Legal issues in collateralisation and stock-lending

Taking security under English law

Collateralisation in general terms

Standard market documentation for collateral

Lessons from the local authority swaps cases

Module D [LWM75D]

Credit derivatives and securitisation

Credit derivatives

Securitisation

Stock-lending and repo transactions

Derivatives and the financial crisis

Sequence:
Module A, B and C must be attempted before module D.

Textbooks:
Hudson, A. The law of finance. (London: Sweet & Maxwell, 2009) first edition [ISBN 9780421947306]

Equity and trusts in context

Module A [LWM10A]

The constitution of express trusts

The intellectual basis of equity and the history of the law of trusts

The foundations of express trusts

The constitution of express trusts

The obligations of trustees

Module B [LWM10B]

Trusts implied by law

Resulting trusts

Constructive trusts (i)

Constructive trusts (ii)

Constructive trusts (iii)

Module C [LWM10C]

Breach of trust and equitable remedies

Trustees’ liability for breach of trust

Tracing

Personal liability to account as a constructive trustee

Equitable remedies

Module D [LWM10D]

Trusts of land and of the home

Establishing rights in the home

Commonwealth approaches to establishing rights in the home

Trusts of land

Remedial approaches to the acquisition of rights in the home

Sequence:
The modules can be completed in any order, but students without a firm understanding of the foundations of trust law are advised to take Module A first.

Textbooks:
Alastair Hudson, Equity and Trusts 5th ed (London: Routledge-Cavendish, 2007),
ISBN: 9780415418478

Alastair Hudson, Understanding Equity and Trusts Law 3rd ed (London: Cavendish Publishing, 2008), ISBN: 9781859418871

Foundational and constitutional issues in company law

Students are advised that the course demands some previous knowledge of English law in general, in particular English law of contract and agency, and of trusts.

Module A [LWM15A]

Company law foundational issues I

Introduction

Corporate theory

The types and functions of companies

Module B [LWM15B]

Company law foundational issues II

Company formation, promoters and pre-incorporation contracts

Corporate personality and limited liability

Lifting the veil of incorporation

Module C [LWM15C]

Company law constitutional issues I

The ultra vires doctrine and other attributions issues (tort - corporate crime)

The articles of association and shareholders agreements

Module D [LWM15D]

Company law constitutional issues II

Majority rule

Minority protection

Sequence:
Module A first.

Textbooks:
Alan Dignam and John Lowry, Company Law 4th ed (Oxford: Oxford University Press, 2006), ISBN: 9780199289363

Len Sealy and Sarah Worthington, Cases and Materials in Company Law 9th ed (Oxford: Oxford University Press, 2010), ISBN: 9780199576807

Paul L. Davies, Gower and Davies: The Principles of Modern Company Law 8th ed (London: Sweet & Maxwell, 2008), ISBN: 9780421949003

Franchising law

Module A [LWM16A ]

The business of franchising

A history of franchising

Types of franchising

The franchise model

Lack of research literature

How a franchise is established

Becoming a franchisee.

Module B [ LWM16B ]

Intellectual property and franchising

Sequence: module A must be attempted before module B

Trade marks and franchising: Part I

Trade marks and franchising: Part II

Breach of confidence

Passing off

Copyright.

Module C [LWM16C ]

The franchising contract

Sequence: module A must be attempted before module C

Regulations of franchising through contract

Structure of the franchising contract

The grant

Brand maintenance

The ‘method’ of the franchise

Law of competition.

Module D [ LWM16D ]

The regulation of franchising

Sequence: module A must be attempted before module D

What is a franchise?

The purpose of regulation

Registration requirements

Disclosure requirements and cooling off

Regulation of franchising contracts

Franchise fraud: pyramid selling

Renewal and exit rules.

Sequence:
Module A first.

Textbooks:
Mendelsohn, M. The guide to franchising. (London: Thomson Learning, 2005) 7th edition [ISBN 9781844801626].

Crawford Spencer, E. The regulation of franchising in the new global economy. (Cheltenham: Edward Elgar, 2010) [ISBN 9781848448667].

Industrial and intellectual property

Module A [LWM20A]

Intellectual property and technology

Patents and related rights

History and introduction; British, European and international patent systems (as affecting the UK); criteria for patentability; ownership; infringement

Breach of confidence

History and introduction; personal, trade and state secrets; the public interest and other defences

Module B [LWM20B]

Copyright law

Copyright and related rights

History and introduction; the framework of copyright law - UK, Europe and international; subsistence of copyright; ownership; infringement; defences; term; moral rights; related rights - database right, artists’ resale right, performers’ rights.

Module C [LWM20C]

The law of trade marks and passing off

The law of registered trademarks

History and introduction; the framework of trademark law - UK, Europe and international (as affecting the UK); criteria for registration; grounds for refusal; infringement; defences; revocation and invalidity

Passing off

Reputation or goodwill; misrepresentation; damage; standing to sue, including trade associations and foreign claimants; defences.

Module D [LWM20D]

Intellectual property - integrated topics

Justifications for intellectual property

Sanctions for misuse of intellectual property, including civil remedies and criminal sanctions

Law of industrial designs - registered and unregistered systems; overlap with other rights

Dealing with intellectual property rights

Intellectual property and Europe - monopoly and a common market

Sequence:
Module D last.

Textbooks:
Jeremy Phillips and Alison Firth, An Introduction to Intellectual Property Law 4th ed (London:
Butterworths, 2001), ISBN: 9780406997579

Lionel Bently and Brad Sherman, Intellectual Property Law 2nd ed (Oxford: Oxford University Press, 2004), ISBN: 0199264309

Andrew Christie and Stephen Gare (eds), Blackstone’s Statutes on Intellectual Property 8th ed (Oxford: Oxford University Press, 2006), ISBN: 0199288267

Insurance law (excluding Marine insurance law)

Module A [LWM22A]

Elements of insurance

Definition: what is an insurance contract?

Regulation of insurers

Intermediaries: agents, brokers

Module B [LWM22B]

Insurance contract formation

Duty of disclosure and misrepresentation; remedies for breach

Formation of the contract including: offer, acceptance, premiums

Module C [LWM22C]

The insurance contract and its terms

Insurable interest in property insurance and life assurance

Terms of the contract

Construing the terms of the contract

Module D [LWM22D]

Claims process

Causation: determining the casue of the loss; losses caused by the insured

Claims: the claims process, the requirement of good faith

Subrogation: the insurer's, the insured's and the other parties' rights

Abandonment

Double insurance and contribution between insurers

Indemnity and reinstatement, mitigation of loss, reinstatement under contract and under statute

Alternative dispute resolution mechanisms: the ombudsman

Sequence:
Module A first, Module D last.

Textbooks:
John Lowry and Philip Rawlings, Insurance Law: Doctrines and Principles 2nd ed (Oxford: Hart Publishing, 2005), ISBN: 9781841135403

John Lowry and Philip Rawlings, Insurance Law: Cases and Materials (Oxford: Hart Publishing, 2004), ISBN: 9781841132747

Intellectual property and medicine

Module A [LWM23A]

Intellectual property of medicine and its sources

International framework and history of intellectual property relevant to medicine

Categories of intellectual property relevant to medicine

European and National systems (UK and designated jurisdictions)

Applications of intellectual property in medical and pharmaceutical industries

Module B [LWM23B]

Access to medicines

Overview of the issues and history of the campaign

Human right to health and the ethics of patents

TRIPS Agreement

Doha Development Round (Ministerial Declaration; Declaration on TRIPS and Public Health; Decision on Paragraph 6)

Paragraph 6 System

Module C [LWM23C]

Patents and life forms

Legal and socio-legal concept of life form

Ethical considerations and exceptions

Medical biotechnologies

International, European and designated domestic frameworks (including European Biotechnology Directive)

Genes and gene sequences

Cloning

Germ-line modification technology

Embryos

Module D [LWM23D]

Property in the person

Medical and genetic privacy and intellectual property

Genetic privacy

Genetic sampling and collection; genomic libraries and databases

Traditional medicine and genetic resources

Sequence:
The modules must be attempted in order.

Textbook:
Johanna Gibson, Intellectual Property and Medicine: Current Debates (London: Ashgate,
2009), ISBN: 0754672182

Intellectual property and sport

Module A [LWM63A]

Branding in sports

Introduction to sporting brands

Trade mark protection for sports events and sports stars

Using copyright to protect imagery and sounds in sport

Using design rights to protect images, mascots and brands

Passing off and endorsement of events and stars

Sports celebrities image rights

Module B [LWM63B]

Sponsorship in sports

The sponsorship market in sport

The different types of sponsorship available

The sorts of rights granted in sponsorship agreements

The responsibilities of both sponsors and the sponsored party

The sponsorship contract

Module C [LWM63C]

Ambush marketing

Introduction to ambush marketing

Protection of special event symbols (for example, the Olympics)

Anti-ambush marketing laws

The use of domain names to ambush an event

The internationalisation of ambush marketing norms

Preventing ambush marketing: the toolkit

Module D [LWM63D]

Special topics in sports

Broadcasting rights

Ticketing restrictions

Advertising laws and sports branding

Counterfeiting and merchandising

Sequence:
Modules A and B must be completed before C or D is atttempted.

Textbook:
Phillip Johnson, Ambushing marketing: a practical guide to protecting the brand of a sporting event (London: Sweet and Maxwell, 2007), ISBN 9781847033949

Intellectual property on the internet

Module A [LWM24A]

Digital copyright

Introduction to digital copyright
Copyright Directive and Digital Millennium Copyright Act
Emerging copyright issues
Licensing and rights management in the digital arena

Module B [LWM24B]

Trade marks and other rights in distinctive signs online

Introduction to trade marks
Developments in use of trade marks online
Principle of territoriality and use of trade marks online
Unfair competition

Module C [LWM24C]

Domain names

Introduction to the mechanics of the domain name system
Cybersquatting
Recent developments concerning domain names and intellectual property
Dispute resolution

Module D [LWM24D]

Computer-related patents

Business methods patents
Software patents
Prior art effect
Enforcement of rights

Sequence:
The modules can be attempted in any order.

Textbooks:
David I. Bainbridge, Intellectual Property 8th ed (London: Longman, 2010), ISBN: 9781408229286
Andrew Christie and Stephen Gare (eds), Blackstone’s Statutes on Intellectual Property 8th ed (Oxford: Oxford University Press, 2006), ISBN: 0199288267

International and comparative bank regulation

Module A [LWM64A]

Risk, banks and the principles of bank regulation

Banks and risk: what is a bank, why are banks important, what is risk?

Principles of regulation: what is regulation and what is its purpose(s)?

Module B [LWM64B]

Basel Committee and the regulation of international banks

Issues in international bank regulation: what are the problems?

Basel Committee on Banking Supervision: its structure, soft law

The Concordat 1975, Revised Concordat 1983, Core Principles

Capital Adequacy: Basel I and II

The impact of the banking crisis on Basel

Module C [LWM64C]

European Union regulation and who should regulate banks

EU banking regulation law

Who should regulate banks? Single financial regulator, multiple regulators?

Module D [LWM64D]

United Kingdom bank regulation law

Pre-1979: ‘unregulated’ period. Regulation 1979-1997

Financial Services Authority: structure, accountability, objectives and practice

Sequence:
Starting with A, modules must be attempted in order.

Textbook:
There is no supplied textbook for this course. Instead, students are directed to read an extensive selection of online resources.

International and comparative competition law

Module A [LWM25A]

The internationalisation of competition policy

Globalisation and actors in the process of internationalisation

Organisation for Economic Cooperation and Development (OECD)

World Trade Organisation (WTO)

United Nations Conference on Trade and Development (UNCTAD)

Multinational enterprises (MNEs)

International Competition Network (ICN)

Module B [LWM25B]

Unilateral, bilateral and multilateral strategies

Extraterritoriality and principles of public international law

United States antitrust law

European Union competition law

Bilateral cooperation and agreements

Multilateral cooperation: A global competition regime?

Module C [LWM25C]

The competition rules of developing and developed countries

United States antitrust law

European Union competition law

Competition rules in Germany

Japanese anti-monopoly law

Canadian competition law

Competition law and policy in developing countries: Asia, Africa and the Middle East

Module D [LWM25D]

Competition and trade policy

Aims and objectives

Similarities and differences

World Trade Organization

Sequence:
Module A first.

Textbook:
Maher M. Dabbah, The Internationalisation of Antitrust Policy (Cambridge: Cambridge
University Press, 2003), ISBN: 9780521820790

International and comparative law of copyright and related rights

Module A [LWM26A]

Copyright law in the United Kingdom and United States

Introduction and protectable subject matter

Protection criteria

Ownership and duration

Economic and moral rights

Infringement and limitations to protection

Module B [LWM26B]

French and German copyright law and related rights

Introduction and protected subject matter

Economic and moral rights

Authorship, transfer of rights and duration

Limitations and exceptions

Module C [LWM26C]

International copyright law – international conventions and aspects of private international law

General concepts

The Berne Convention

The Universal Copyright Convention

The Rome Convention on the Protection of Phonograms and Performing Artists

Copyright and the TRIPs Agreement

The WIPO “Internet Treaties”

Private International Law Aspects

Module D [LWM26D]

Copyright law in the European Community

Introduction to copyright law in the European Community

Computer programs and database protection

Rental and lending rights, satellite broadcasting and cable

Copyright term and artist's resale right

Copyright in the information society and enforcement

Sequence:
Either module A or module B first, but both module A and module B must be attempted before module C or module D.

Textbook:
Adrian Sterling, World Copyright Law (London: Sweet & Maxwell, 2003), ISBN: 9780421790704

International and comparative law of patents, trade secrets and related rights

Module A [LWM27A]

Comparative law of patents

Introduction to patents: history, justifications, agreements

Methods of applying for a patent

Patentability

The person skilled in the art, priority and grace periods

Infringement and exceptions to infringement

Entitlement/ownership of patents

Module B [LWM27B]

Comparative law of trade secrets

Why protect trade secrets?

The distinction between commercial trade secrets and privacy

Relationship between trade secrets and patenting

Trade secrets law in England, the United States, Germany and France

Module C [LWM27C]

International agreements on patent law

Paris Convention

TRIPS Agreement

European Patent Convention

Other regional patent agreements

Patent Cooperation Treaty

The Convention on Biodiversity

Patent Law Treaty

Budapest Treaty

Locarno Agreement on Classification

Supplementary Protection Certificates

Enforcement Directive (2004/48/EC)

Module D [LWM27D]

Current issues in international patent law and policy

Utility models and petty patents

Biotechnological patenting (so-called life patents and gene patents)

Plant variety protection

Patenting of computer software and business methods

“Patent quality” and Peer-to-patent

Sequence:
The modules must be attempted in order.

Textbooks:
Lionel Bently and Brad Sherman, Intellectual Property Law 3rd ed (Oxford: Oxford University Press, 2008), ISBN: 9780199292042

Andrew Christie and Stephen Gare (eds), Blackstone’s Statutes on Intellectual Property 9th ed (Oxford: Oxford University Press, 2008), ISBN: 9780199238262

International and comparative law of trade marks, designs and unfair competition

Module A [LWM28A]

The concepts of trade marks, designs and unfair competition

Introduction to the concept of trade marks: a functional, legal, and economic analysis

Introduction to unfair competition

The history of trade marks

Systems of protection; registered and unregistered trade marks

International agreements: the Paris Convention; the World Trade Organization; International Registrations; regional agreements; the Community Trade Mark (introduction); classification treaties; Trade Mark Law Treaty; appellations of origin; the Olympic symbols

Module B [LWM28B]

Unfair competition

Systems of unfair competition: a comparative perspective

Misrepresentation and misappropriation

Unfair competition in the United Kingdom

Unfair competition in the United States

Unfair competition in France

Unfair competition in Germany

Other jurisdictions.

Module C [LWM28C]

Registered trade marks

Registered trade marks: a comparative perspective

Systems of registration: first to file v. first to use

Registered trade marks in Europe: the Community Trade Mark; national registrations (United Kingdom; France; Germany); the role of the European Court of Justice

Registered trade marks in the United States

Other jurisdictions

Current trends: dilution; domain names.

Module D [LWM28D]

Special topics in trade marks

Industrial designs; relationship to other forms of protection; Community Design Regulation; Hague Agreement Concerning the International Deposit of Industrial Designs, as amended.

Appellations of origin

Trade marks and competition: parallel imports; functionality and the interface between trade marks and other intellectual property rights; comparative advertising

Cultural issues: advertising; character merchandising; symbols of indigenous communities.

Sequence:
Module A first, Module D last.

Textbooks:
William R. Cornish, David Llewelyn and Tanya Aplin, Intellectual Property: Patents, Copyright, Trademarks and Allied Rights 7th revised ed (London: Sweet & Maxwell, 2010), ISBN: 9781847039231

Andrew Christie and Stephen Gare, Blackstone’s Statutes on Intellectual Property 8th ed (Oxford: Oxford University Press, 2006), ISBN: 9780199288267

Alison Firth et al, Trade Marks: Law and Practice 3rd ed (Bristol: Jordan Publishing Ltd, 2011), ISBN: 9781846612633

International and comparative trust law

Students are not required to have studied the 'Law of trusts' at undergraduate level. However, it is advisable to have done so, for this course assumes that students are familiar with, and have an understanding of, the 'Law of trusts' and the standard works on the subject up to LLB level or its equivalent. Knowledge of the relevant principles of the 'Conflict of laws' is useful, though not essential.

Module A [LWM29A]

The nature of the English trust

Survey of the English law of trusts

Shams

The trust as property-holding vehicle and as obligation

The core content of a trust

The Beneficiary Principle: trusts for non-charitable purposes

Module B [LWM29B]

Offshore purpose trusts

Introduction to offshore non-charitable purpose trusts

The Bahamas

Belize

Bermuda

The British Virgin Islands

The Cook Islands

Cyprus

Guernsey

Isle of Man

Jersey

Labuan

The STAR trust of the Cayman Islands

The British Virgin Islands’ Vista Trusts

Module C [LWM29C]

Asset protection trusts

Asset protection trusts in a commercial and trading context

Introduction to offshore asset protection trusts

The pre-Insolvency Act 1986 and current position under English law

The Bahamas

The Cayman Islands

The Cook Islands

Cyprus

Gibraltar

The Isle of Man

Jersey

Avoidance of forced heirship

Module D [LWM29A]

Special issues in international and comparative trust law

Part one:

Choice of law; jurisdiction; recognition; enforcement

General principles of choice of law

The Hague Trusts Convention

The jurisdiction and remedies of the English courts over foreign trusts

Recognition and enforcement of foreign judgments in England

Part two:

The reception of the trust or trust-like devices in civil law jurisdictions

The trust and the civil law

The trust from a worldwide perspective: The trust’s future

Sequence:
Start with A, modules must be attempted in order.

Textbook:
John Glasson and Geraint Thomas (eds), The International Trust 2nd ed (Bristol: Jordan Publishing Ltd, 2006), ISBN: 9781846610394

International commercial insurance law

Module A [LWM70A]

The contract of reinsurance

The definition of reinsurance

Regulation of reinsurance business

Forms of reinsurance: facultative contracts; treaties

Relationship between assured, insurer and reinsurer

Formation and insurable interest

Utmost good faith

Express, implied and incorporated terms

Module B [LWM70B]

Reinsurance losses and claims

Back to back cover

Follow the settlements and follow the fortunes

Claims co-operation and claims control clauses

Aggregation of losses

Post-loss allocation

Inspection clauses

Module C [LWM70C]

Liability insurance

Forms of liability insurance: event, injury, claims made

Compulsory insurance regimes: motor; employers’ liability; maritime law

Professional indemnity insurance

Directors’ and Officers’ insurance

Product liability insurance

Defence costs

Third party rights

Module D [LWM70D]

Conflict of laws in insurance

Jurisdiction of the English courts: European cases

Jurisdiction of the English courts: non-European cases

Law applicable to insurance and reinsurance contracts: the different regimes

Law applicable to insurance and reinsurance contracts: express choice; absence of choice

Significance of the applicable law

Sequence:
Module A must be attempted before Module B.

Textbooks:
Textbook details TBC.

Jurisprudence and legal theory

Students are not required to have taken an undergraduate course in Jurisprudence, but it will be assumed that they will have some familiarity with standard works in the field up to LLB standard.

The double modules can be attempted in either order.

Double section A/B: [LWM7AB]

Modern legal theory

Selected topics in the development of Anglo-American legal philosophy from the origins of utilitarianism to the present day, including contemporary debates on philosophical method and the nature of law.

Double section C/D: [LWM7CD]

Liberty, equality and law

Selected topics in the development of liberalism, including the ideas of liberty and equality and their relevance in the present day to our understanding of community, economics, cultural diversity and feminism.

Sequence:
Either first.

Textbook:
Ronald Dworkin, Law’s Empire new edition (Oxford: Hart Publishing, 1998), ISBN: 9781841130415

Law of financial crime

[Please note: this course replaces 'Fraud, corruption and money laundering']

Module A: [LWM17A]

Insider dealing and market abuse

The sources of the law on insider dealing

The EC context of market abuse: insider dealing and market abuse

The purpose of the law on insider dealing, and whether or not insider dealing ought to be
criminalised

Insider dealing offences under Part V of the Criminal Justice Act 1993

The power of regulators

Market abuse regulation

Module B: [LWM17B]

Fraud and market manipulation

The development of the criminal law of fraud

The economic and historical context of the law on abusive practices

Market manipulation offences

Fraud Act 2006 offences

Theft Act 1968 offences

Module C: [LWM17C]

Money laundering

The purpose of money laundering regulation

The international dimension

The context of money laundering regulation

Proceeds of Crime Act 2002 offences

Terrorism Act 2000 offences

Money Laundering Regulations 2007

The efficacy of money laundering regulation

Civil recovery

Module D: [LWM17D]

The nature of the law on financial crime

The sources of the law on financial crime

The objectives of the law on financial crime

The economic and historical context of the law on corruption

The role of information and transparency in financial criminal law

The EC Market Abuse Directive

The role of the regulators in prosecuting criminal offences

The role of criminal law in supporting financial regulation in the UK

Other criminal offences under Financial Services and Markets Act 2000

The underlying objectives of the criminal law in relation to finance

Civil recovery

Sequence:
Module A, B and C must be completed before Module D.

Textbooks:
Alastair Hudson Law of Finance. (London: Sweet & Maxwell, 2009) ISBN: 9780421947306

For Sections C and D of the course only:
Peter Alldridge, Money Laundering Law (Oxford: Hart Publishing, 2003), ISBN: 9781841132648

Law on investment entities

Module A: [LWM77A]

The legal nature of investment entities

The meaning of "investment": speculative, social and collective investment

The concept of "risk" in investment law

Trusts as investment entities

The predication of all investment entities on concepts of contract and property

Principles of portfolio management and their legal aspects

Acquisitions investment

Module B: [LWM77B]

Collective investment schemes

The European Community Undertakings for Collective Investment in Transferable Securities (UCITS) Directive

The legal nature of a unit trust

The legal nature of an open-ended investment company

The regulation of collective investment schemes

Module C: [LWM77C]

Communal investment schemes

The history of communal investment models

Friendly societies

Cooperative investment models

The legal inter-action of members of communal investment schemes

The legal nature of investors' rights in such entities

The regulatory context of retail investment services provision

Public sector investment models

Module D: [LWM77D]

Investor protection

The fundamentals of financial regulation in the UK

The effect of the Markets in Financial Instruments Directive (MiFID)

The conduct of business regulation

The regulation of financial promotion

The interaction between regulation and substantive law on investor protection

Sequence:
The modules must be attempted in order.

Textbooks:
Textbook details TBC.

Legislation and statutory interpretation

Module A: [LWM79A]

Introduction to legislation

Legislation as a tool for regulation

Nature and types of legislation

Geographical extent of legislation

Temporal extent of legislation

Supranational legislation

Module B: [LWM79B]

Making legislation

Policy process

Legislative process

Drafting process

Legislative impact assessment

Module C: [LWM79C]

Statutory interpretation

Interpretation of legislation

Literal rule

Mischief rule

Purposive rule

Presumptions and maxims of interpretation

Module D: [LWM79D]

Tests for quality of legislation

Rule of law test

Human rights and constitutionality test

Good law test

Functionality test – effectiveness

Sequence:
Module A must be attempted before Module B

Textbooks:
Helen Xanthaki, Thornton’s Legislative Drafting 5th rev. ed. (Bloomsbury Professional, 2013), ISBN: 978-1780432090

Helen Xanthaki, Drafting legislation: art and technology of rules for regulation. (Oxford: Hart Publishers, 2014), ISBN: 9781849464284

Marine insurance law

Module A: [LWM39A]

The contract of marine insurance

The nature of a marine insurance contract

The Marine Insurance Act 1906

The requirement of insurable interest

Wagering and gaming contracts

The formation of a marine insurance contract

The construction of a marine insurance contract

The policy

Types of marine insurance policies (time/voyage policies; floating policies/open covers; valued/unvalued policies; composite/joint policies)

The assignment of rights under a marine insurance policy

Module B: [LWM39B]

The doctrine of Uberrimae Fidei and insurance contracts

Nature of the duty of utmost good faith

The assured's pre-contractual duty of good faith: misrepresentation and non-disclosure

The assured's post-contractual duty of good faith and the duty in respect of claims

The insurer's duty

Remedies

The role of the broker

Module C: [LWM39C]

The terms of the contract; risks; and causation

Terms:
- Premium
- The assured and the subject matter of the insurance
- The attachment, duration, alteration and termination of the insured risk (including change of voyage, deviation and delay)
- Warranties (express and implied)
- Conditions and other terms
- The Institute Clauses

Risks:
- Marine risks
- War risks
- Excepted risks

Causation

Burden of proof

The sue and labour clause (mitigation of loss)

Module D: [LWM39D]

Indemnity, subrogation and contribution

The principle of indemnity

The measure of indemnity:
- Partial loss
- Actual total loss
- Constructive total loss

Insurers’ right of subrogation upon payment

Contribution between multiple underwriters

Third parties’ rights against insurers

Sequence:
The modules must be attempted in order.

Textbooks:
Susan Hodges, Law of Marine Insurance (London: Cavendish Publishing, 1996), ISBN: 9781859412275

Susan Hodges and Roy Carlile, Cases and Materials on Marine Insurance Law (London: Cavendish Publishing, 1999), ISBN: 9781859414385

Medical law and ethics

Please note that the modules of this course are no longer available for new registrations. Students currently registered on these modules are able to enter for examinations up to the end of 2017.

Module A: [LWM56A]

Basic concepts in medical law

Bioethics

Consent

Capacity

Confidentiality

Module B: [LWM56B]

Access to treatment and malpractice litigation

Resource allocation

Malpractice litigation

Product liability and the regulation of medicines

Liability for occurrences before birth

Module C: [LWM56C]

Legal and ethical issues in medical practice

Mental health law

Clinical research

Organ transplantation

End of life decisions

Module D: [LWM56D]

Legal and ethical issues in reproduction

Abortion

Embryo and stem cell research

Assisted conception

Surrogacy.

Sequence:
Module A first, Module D last.

Textbook:
Emily Jackson, Medical Law: Text, Cases and Materials (Oxford: Oxford University Press, 2006), ISBN: 9781859414385

Private law aspects of the law of finance

Module A [LWM69A]

Fiduciary liability in finance

The basis of financial regulation in the United Kingdom

The nature of fiduciary liability

The significance of fiduciary liability in financial transactions

Liability in relation to conflicts of interest and firm’s profits

Conduct of business regulation

Standards of “integrity” in regulation and fiduciary liabilities of “good conscience”

Module B [LWM69B]

Stranger liability in finance

The nature of stranger liability

Liability for dishonest assistance in a breach of fiduciary duty

Liability for knowing receipt of property resulting from a breach of fiduciary duty

Attribution of knowledge and dishonesty of traders to financial institutions

Taking objective notions of honesty, knowledge, etc., from regulation

Case law on reasonable commercial behaviour and stranger liability

Module C [LWM69C]

Issues in the creation of financial contracts

Case law on mistake in the creation of complex financial contracts

The use of master agreement structures in many financial markets

Conditions and warranties in standard market contracts

Exclusion of liability

Module D [LWM69D]

Suitable conduct and unconscionable conduct in financial transactions

Undue influence in financial transactions

Appropriate treatment of clients in forming contracts under conduct of business regulation

Misrepresentation in financial transactions

Unfair contract terms.

Sequence:
Module A must be attempted before module B,C or D.

Textbook:
Textbook details TBC.

Securities law

Module A [LWM71A]

The foundations of securities regulation

The Lamfalussy Process for creating European Union (EU) securities regulation

The EU securities directives

The general EU financial services directives as they apply to securities transactions

Implementation in the United Kingdom

Module B [LWM71B]

Prospectus and transparency regulation of securities

The core significance of information in securities regulation

The economic objectives of prospectus and transparency obligations

“Offers of securities to the public”

Prospectus regulation

Transparency obligations regulation

The duty of disclosure in prospectuses

Module C [LWM71C]

Liability for misstatements in a prospectus

The common law on obligations to make disclosure in prospectuses

The tort of negligence

Negligence and takeovers

Negligence and sales of securities in the after-market

Financial Services and Markets Act 2000, s.90

Fraudulent misrepresentation (the tort of deceit)

Module D [LWM71D]

The Listing Rules and the Model Code

The Listing Process

The six Listing Principles

Admission to listing

Maintenance of listing

Discontinuance of listing and censure

Sequence:
Module A must be attempted before section B; section A must be attempted before section
C; section A must be attempted before section D.

Textbooks:
Alastair Hudson, The law of finance (London: Sweet & Maxwell, 2009), ISBN 9780421947306

Extracts from Alastair Hudson, Securities law (London: Sweet & Maxwell, 2008), ISBN 9781847033291

View more Securities Law videos on the LLM YouTube channel

Taxation principles and policy

Module A [LWM47A]

Underlying principles, themes and ideals in taxation

Survey of United Kingdom taxes

The nature of tax and the aims of a successful tax system

Principles of direct and indirect taxation

Comparative elements of taxation

Module B [LWM47B]

Issues in modern taxation

Tax and economic attitudes

Tax and political attitudes

Statutory interpretation

Tax avoidance

Module C [LWM47C]

United Kingdom taxes I: taxes on income

Employment income

Business/trading income

Corporation tax

Countering avoidance in the provision of personal services: the IR35 legislation and debate

Module D [LWM47D]

United Kingdom taxes II: additional tax bases

Capital Gains Tax

Inheritance tax and wealth

Taxation of land and property

Value Added Tax

Sequence:
Module A first.

Textbooks:

Simon James, Christopher Nobes and Alan Melville, The Economics of Taxation, Principles,
Policy and Practice AND Taxation, Finance Act,
7th updated ed (Financial Times/Prentice Hall;
Coursepack edition 2007), ISBN: 9781405887809

Natalie Lee (ed), Revenue Law: Principles and Practice 28th revised ed (Haywards Heath: Bloomsbury Professional, 2010), ISBN: 9781847665201

Tolley’s Yellow Tax Handbook [current edition] (London: Butterworths), ISBN: 9781405712354

Telecommunications law

Module A [LWM48A]

The purpose and experience of telecommunications regulation

Telecommunications law: introduction

Evolution of telecommunications regulation: models of regulation and market structures

Technology: a foundation

Competition, interconnection and pricing: the economic background of telecommunications law

Social policy and regulation: universal service, consumer protection and privacy

Module B [LWM48B]

Telecommunications liberalization in Europe

The European Union institutions and sources of law

Competition law: ex ante and ex post, the tools of the regulator

Liberalisation and harmonisation: from opening the market to full competition

The New Framework Overview: the 2002 Directives and regulating for convergence

Authorisation and licensing: of networks and services, spectrum and rights of way

Access and interconnection

Universal service

Telecommunications privacy

Module C [LWM48C]

Telecommunications contracts

Access and interconnection agreements: terms and conditions, peering and transit

Mobile agreements

Telecommunications outsourcing contracts

Consumer contracts and protection

Module D [LWM48D]

Telecommunications: the international view

United States telecommunications law and regulation

The International Telecommunications Union and World Trade Organization: the international framework from tradition to trade

Submarines and satellites: the international regulation of outer space and underwater cabling

Regulatory issues in developing markets

The Asian experience

Sequence:
Module A first. Module C only after sections A and B.

Textbook:
Ian Walden and John Angel (eds), Telecommunications Law and Regulation 2nd ed (Oxford: Oxford University Press, 2005), ISBN: 9780199274475

Transfer of technology law

Module A [LWM49A]

Intellectual property and technology transfer

Background to technology transfer

Patents

Breach of confidence

Copyright

Designs

Module B [LWM49B]

Licensing of intellectual property

The interests in intellectual property

Ownership

General contractual principles

Assignment

Licences

Licence terms

Royalties

Module C [LWM49C]

Competition law and technology transfer

Introduction to competition law

Market definition and article 101(3)

Technology Transfer Block Exemption

Research and development and specialisation block exemptions

Licence agreements outside a block exemption

Abuse of dominant position

Patent pooling

Module D [LWM49D]

Border issues in technology transfer

Sequence: module A must be attempted before module D

Exhaustion

Border controls

Export control

Taxation

Compulsory licences

Sequence:
Module A first.

Textbook:
Bently, L. and B. Sherman Intellectual property law. (Oxford: Oxford University Press)

Youth justice

Please note that the modules of this course are no longer available for new registrations.

Students currently registered on these modules are able to enter for examinations up th end of 2017.

Module A: [LWM52A]

The aetiology of youth crime

The extent and nature of youth crime

Aetiological explanations for youth crime

Theories of childhood

Youth crime prevention

Module B: [LWM52B]

Historical and theoretical approaches to youth crime

Welfare and punishment in the early history of youth justice policy

The developmental model in the 1980s

Youth justice policy in the 1990s

New Labour, crime and disorder, and managerialism

Module C: [LWM52C]

The youth justice process

Pre-trial diversion

Sentencing young offenders

Punishment in the community and YOTs

The use of detention

Module D: [LWM52D]

Current issues in youth justice

Parental responsibility

The media and youth crime

Alternatives to a Youth Justice System

Child victims and restorative justice

Discrimination

Sequence:
Modules A, B and C before module D.

Textbook:
Julia Fionda, Devils and Angels: Youth, Policy and Crime (Oxford: Hart Publishing, 2005),
ISBN: 9781841133744