UCL FACULTY OF LAWS

UCL Laws Semester in London

Where modules run over two terms as a 30 credit module, SIL students will attend and be assessed on the contents of term 1. Please note that some modules reflect this with an additional "A" in their module code, but this is not the case for all of them due to special assessment arrangements for SIL students.
All assessments are graded on a pass/fail basis.

BANKING LAW (LAWSG032)
Credit value: 30 credits (12 ECTS)
Module Convenor:
Dr Iris Chiu (term 1)
Graham Roberts (term 2)
Intercollegiate teaching: No
Teaching Method: 20 x two-hour seminars
Who may enrol: LLM students, SIL students
Prerequisites: None
Barred module combinations: None
Core module for specialism: International Banking and Finance, International Commercial Law
Assessment
Practice Assessment: to be confirmed
Assessment method for Masters students: 3-hour unseen written examination
Assessment method for SIL students: 3.000 word coursework essay
Module Overview

Module summary

The module will examine the principles that underpin the regulation of banking in the first term. It will look at international and EU bank regulation, at the structures of regulation in different jurisdictions and, in particular, at bank regulation in the UK. The module in the second term turns to the relationship between banks and customers in English Law, examining the rights and obligations of the parties before moving on to principles of the law of payment.

Aims:

  • to enable students to familiarize themselves with the core principles of banking law
  • to develop their critical faculties by evaluating the rules, policies, and principles of banking law; and
  • to develop their analytical faculties by identifying and resolving legal issues relating to the regulation of banks and the relationships between banks and customers

Objectives:

By the end of the module, students should be able to:

  • identify and understand legal issues arising in banking
  • obtain a thorough understanding and application of complex statutory, common law and international material.
  • critically evaluate the policies and values inherent in the structure of Banking Law

Module syllabus

  • Definition of "bank" and evolution of regulation
  • International banking regulation
  • EU banking regulation
  • Structure of bank regulators
  • Systemically Significant Financial Institutions
  • Recovery and resolution in banking crises
  • The banker-customer relationship
  • Duty of confidentiality
  • Money and payments

Recommended materials

Ellinger, Lomnicka, Hooley, Ellinger’s Modern Banking Law, Oxford: OUP, 2005

Preliminary reading

To be confirmed

Other information: N/A
Prizes for this module: There are currently no prizes available for this module.