The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.
|INTERNATIONAL AND COMPARATIVE SECURED TRANSACTIONS (LAWSG101)
Credit value: 30 credits (12 ECTS)
Professor Robert Chambers
Professor Richard Calnan
Professor Ben McFarlane
The availability of security is one of the key elements in the provision of finance to companies. This module considers how security is granted by companies and the legal and practical issues which are involved in doing so.
The taking of security is an aspect of the law of property, and the module will therefore consider some of the key principles underlying the creation of property rights, particularly equitable interests. And because security is generally tested when the debtor is insolvent, it considers the way in which insolvency law affects secured transactions, particularly their enforcement.
The module concentrates on English law, but will draw on the experience of the class of other legal systems to discuss topics in a comparative way. The module will also consider the conflict of laws issues which arise in cross-border financing transactions.
- Mortgages and Charges
- Floating Charges
- Security over Particular Assets
- Creation of Security
- Effect of Insolvency
- Cross-border Security
- Cross-border Insolvency
- Comparisons with Other Systems
Background Reading (optional):
The main text is Richard Calnan, Taking Security (3rd edition Jordans 2013). The module syllabus follows the contents of this book fairly closely.
Other texts which students may wish to consult are:
- Hugh Beale, Michael Bridge, Louise Gullifer, and Eva Lomnicka, The Law of Security and Title-Based Financing (2nd edition OUP 2012)
- Louise Gullifer (ed), Goode on Legal Problems of Credit and Security (5th edition Sweet & Maxwell 2013)
- Timothy Parson, Lingard’s Bank Security Documents (5th edition LexisNexis 2011)
Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.
|Delivery and enrolment
20 x two-hour seminars
|Previous module enrolments: Small - less than 15 students
|Who may enrol: LLM students
|Barred module combinations: None
|Core Module for LLM specialism: International Commercial Law
|Final Assessment: 6,000-word coursework essay
|Practice Assessment: TBC
This page was last updated on
24 July, 2014