LW224-6-SP-CO:
Banking Law
2022/23
Essex Law School
Colchester Campus
Spring
Undergraduate: Level 6
Current
Monday 16 January 2023
Friday 24 March 2023
15
13 October 2023
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 will be co-taught with the Banking Law module, which is offered to LLM students.
The module seeks to:
1. introduce banks, banking law and the business of banking
2. equip students with detailed knowledge about the institutions involved in banking regulation and supervision in the United Kingdom and the European Union
3. introduce the key banking transactions and their legal implications
4. 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
5. 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:
1. 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
2. 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
3. Assess the success of banking reformsthat have taken place both at the domestic and the EU level
4. Analyse key banking transactions and their legal implications and apply the law to scenarios concerning such transactions
5. Critically evaluate arguments, legal issues and practical situations, and frame appropriate solutions to the main issues arising in the banking services sector
6. Communicate information, ideas, problems and solutions concerning banking regulation and the banker customer relationship to both specialist and non-specialist audiences
Indicative Syllabus:
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
This module will be taught via weekly lectures and fortnightly tutorials. The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts and PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the lectures and tutorials 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 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.
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
Multiple Choice Questions - Continuous Assessment (LW224 Banking Law) |
|
100% |
| Exam |
Main exam: Remote, Open Book, 24hr during Summer (Main Period)
|
| Exam |
Reassessment Main exam: Remote, Open Book, 24hr during September (Reassessment Period)
|
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 Andrea Fejos, email: afejos@essex.ac.uk.
Dr. Andrea Fejos, Dr. Mohammed Alshaleel
afejos@essex.ac.uk
Yes
No
No
Dr Gary Lynch-Wood
University of Manchester
Senior Lecturer
Available via Moodle
Of 44 hours, 20 (45.5%) hours available to students:
0 hours not recorded due to service coverage or fault;
24 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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