LW224-6-AU-CO:
Banking Law

The details
2019/20
Law (School of)
Colchester Campus
Autumn
Undergraduate: Level 6
Current
Thursday 03 October 2019
Saturday 14 December 2019
15
30 September 2019

 

Requisites for this module
LW101
(none)
(none)
(none)

 

(none)

Key module for

(none)

Module description

The module deals with banking regulation and supervision, and the bank – customer relationship. The first part introduces banks and their supervision and regulation in a post-crisis domestic, EU, and global context. The second part focuses on some key services commonly provided by banks in the course 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 approach that balances theoretical perspectives, legal policy and the principles contained in statutes, cases and commercial custom. The module does not assume any prior knowledge of banking practice, but it does expect that students will quickly develop a keen interest and critical view of the issues under examination

Module aims

The module seeks to:



- 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.

Module learning outcomes

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 reforms that 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

Module information

Key Themes:

1. Introduction to banks and banking services

2. Discovering the 'business of banking'

4. UK Banking Regulation and Supervision

5. EU Banking Regulation and Supervision

6. Introduction to bank-customer relations

7. The regulation of plastic money

8. Bank's transactional liability

9. Bank as constructive trustee

10. The Bank's obligations: Anti-Money Laundering legislation

11. The Bank's obligations: Duty of confidentiality




Learning and teaching methods

The module is based predominantly on the lecture method and classroom participation is encouraged and expected. The lectures are designed to be interactive, hence students will generally be expected to have some basic familiarity with the topic to be covered so they can meaningfully participate in the lecture.

Bibliography

  • Arora, Anu. (2014) Banking law, Harlow: Pearson.
  • Chiu, Iris H.-Y.; Wilson, Johanna. (©2019) Banking law and regulation, Oxford, United Kingdom: Oxford University Press.
  • Cranston, Ross; Avgouleas, Emilios; Zwieten, Kristin van; Hare, Christopher; van Sante, Theodor. (©2017) Principles of banking law, Oxford: Oxford University Press.
  • Cranston, Ross; Avgouleas, Emilios; Zwieten, Kristin van; Hare, Christopher; van Sante, Theodor. (2017) Principles of banking law, Oxford: Oxford University Press.
  • Chiu, Iris H-Y; Wilson, Joanna. (2019) Banking law and regulation, Oxford, United Kingdom: 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 Weighting
Coursework Coursework 14/01/2020 100%

Overall assessment

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Dr Anastasia Karatzia
Law General Office, lawugadmin@essex.ac.uk

 

Availability
Yes
No
No

External examiner

Dr Ebenezer Adodo
The University of Leicester
Associate Professor of Commercial Law
Resources
Available via Moodle
Of 36 hours, 20 (55.6%) hours available to students:
16 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).

 

Further information
Law (School of)

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