LW224-6-SP-CO:
Banking Law
2020/21
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 6
Current
Sunday 17 January 2021
Friday 26 March 2021
15
20 August 2020
Requisites for this module
LW101
(none)
(none)
(none)
(none)
The module deals with banking regulation and supervision and the bank –customer relationship. The first part introduces banks as important economic and social institutions and their regulation and supervision in a domestic, supranational, and global context. The second part focuses on some key services commonly provided by banks in the context of the bank–customer relationship and analyses relevant legal issues such as contractual fairness, the bank's duty of confidentiality, and the potential for transactional and advisory liability. The module adopts a dynamic and pragmatic approach that balances theoretical perspectives, legal policy, the principles contained in statutes, cases and commercial custom, as well as examples of banking law in practice. It does not assume any prior knowledge of banking practice, but it does expect that you will quickly develop a keen interest and curiosity in financial institutions and markets. The module is designed to be interactive, giving you the possibility to engage in discussions with your peers and the lecturer concerning recent developments (e.g. Brexit) and the effect of these developments on the banking sector. This module handbook gives an indication of the order in which we shall cover the key topics in this module. It is simply an outline and, therefore, only indicative of the content. Further details will emerge from the references provided and our class discussions. If needed, an updated reading list will be provided halfway through the module. This module will be co-taught with LW224–7–SPBanking Law, which is offered to LLM students.
The module seeks to:
The module seeks to:-introduce banks, banking law and the business of banking;-equip students with detailed knowledge about the institutions involved in banking regulation and supervision in the United Kingdom and the European Union;-introduce the key banking transactions and their legal implications;-enable students to appreciate the political, social and economic forces underlying the dynamism and evolution of the financial industry, and the attempts to regulate the resulting processes and supervise the relevant institutions; and-equip students with the analytical tools for analysing domestic banking transactions and applying the relevant law to scenarios drawn from real-life situations.
* introduce banks, banking law and the business of banking;
* give students detailed knowledge about the institutions involved in banking regulation and supervision in the United Kingdom and the European Union;
* introduce the key banking transactions and their legal implications;
* enable students to appreciate the political, social and economic forces underlying the dynamism and evolution of the financial industry and attempts to regulate the resulting processes and supervise the relevant institutions; and
* equip students with the analytical tools for analysing domestic banking transactions and applying the relevant law to scenarios drawn from real-life situations.
By the end of the module students will be able to:
-Review, consolidate and extend their understanding of the legal regulation and supervision of the UK and EU banking industry and the bank-customer relationship in the UK;
-Explain in a systematic and detailed manner the structure and operations of the institutions involved in banking regulation and supervision in the UK and the links with banking regulation and supervision in the EU;
-Assess the success of banking reformsthat have taken place both at the domestic and the EU level;
-Analyse key banking transactions and their legal implications and apply the law to scenarios concerning such transactions;
-Critically evaluate arguments, legal issues and practical situations, and frame appropriate solutions to the main issues arising in the banking services sector; and,
-Communicate information, ideas, problems and solutions concerning banking regulation and the banker customer relationship to both specialist and non-specialist audiences
Key Themes:
1. Introduction to banks and banking services
2. Discovering the 'business of banking'
3. UK Banking Regulation and Supervision
4. EU Banking Regulation and Supervision
5. Introduction to bank-customer relations
6. The regulation of plastic money
7. Bank's transactional liability
8. The Bank as a constructive trustee
9. The Bank's obligations: Anti-Money Laundering legislation
10. The Bank's obligations: Duty of confidentiality
The module is based predominantly on thelecture method and your participation in the classroom is encouraged and expected. The lectures are designed to be interactive hence you will be expected to have some familiarity with the work to be covered in each lecture so that you can meaningfully participate. The interactive workshops are meant to further develop the topics of the lectures, or to introduce sub-areas that are current and key to the themes of this course (e.g. the effect of Brexit on the UK banking sector)and to prepare you for the exam. For this reason, you will notice that for most of the workshops (besides the one on Brexit) the reading is the same as that of the relevant lecture. At the beginning of theterm there will be a discussion of the exam in order to give you guidance and clarify expectations. The power point slides for each lecture will be uploaded on Moodle before the dayof the lecture.All the information, including a week-by-week timetable of the lectures and interactive workshops and the questions to prepare for the workshops, is available in the module handout and on the Moodle channel of the course. This module handbookis provided to students both as a separate document on Moodle and in a week-by-week format on Moodle.
This module is taught through a mixture of weekly live webinars, pre-recorded videos, and tutorials. Each week, the module teaching team will first produce and make available on Moodle two 25-minute pre-recorded video lectures. The module teaching team will then deliver a weekly live 50-minute webinar in which they further explore key legal concepts and answer your questions about the topics. These lectures and webinars will subsequently be available online through Moodle so that you can re-watch them as part of your independent study. Alongside this, there will be five bi-weekly 50-minute small group tutorials. The module teaching team will also produce and make available on Moodle short guidance notes. These notes will introduce the material to be covered in the lectures, webinars and required readings. The notes will also contain tips designed both to help you navigate the material to be covered in the lectures and webinars and to equip you to analyse the required readings.
You will be expected to have completed the required readings in advance of your tutorials. Your tutorials will enable you to discuss the material covered in lectures, webinars and the required readings, obtain feedback on your pre-class preparation and deepen your understanding of key concepts. To help you prepare in the best possible way for your tutorials, you will be completing regular Multiple-Choice Quizzes on Moodle. The quizzes will be based on the reading set for that week so that the quiz forms part of your preparation for each tutorial. The quizzes will enable you to track your progress, understand what you are doing well, and give you clear feedback to help you manage your studies and your progress.
- Arora, Anu. (2014) Banking law, Harlow: Pearson.
- Ellinger, E. P.; Lomnicka, Eva Z; Hare, C. (2011) Ellinger's modern banking law, Oxford: Oxford University Press.
The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Practical |
Multiple Choice Quizzes |
|
100% |
| Exam |
Main exam: 24hr during Summer (Main Period)
|
Additional coursework information
80% Exam (or take-home exam)
20% Multiple-Choice Quizzes
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Anastasia Karatzia
Law General Office, 01206 872529, lawugadmin@essex.ac.uk
Yes
No
No
Dr Ebenezer Adodo
The University of Leicester
Associate Professor of Commercial Law
Available via Moodle
Of 2326 hours, 0 (0%) hours available to students:
2309 hours not recorded due to service coverage or fault;
17 hours not recorded due to opt-out by lecturer(s).
Essex Law School
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