LW224-7-SP-CO:
Banking Law
2023/24
Essex Law School
Colchester Campus
Spring
Postgraduate: Level 7
Current
Monday 15 January 2024
Friday 22 March 2024
15
18 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
(none)
The module deals with the bank – customer relationship and banking regulation and supervision.
The first part focuses on understanding the essence of banking business and the key notions of a bank and the customer as well as their main rights and duties in the banker-customer relationship. It also discusses payments and bank loans as key services commonly provided by banks in the context of the bank–customer relationship. The second part delves into the role of banks as important economic and social institutions and explores their regulation and supervision in a domestic and EU context. The module adopts a dynamic and pragmatic approach that balances legal policy, the principles contained in statutes, cases and commercial custom, as well as examples of banking law in practice.
The module does not assume any prior knowledge of banking practice, but it does expect that students have a basic understanding of contractual and non-contractual relationships, that they are familiar with basic EU law and that they will quickly develop a keen interest and curiosity in financial institutions and markets.
The module is designed to be interactive, giving students the possibility to engage in discussions with their peers and the lecturer concerning recent developments (e.g. Brexit, review of anti-money laundering regulations) and the effect of these developments on the banking sector. This module will be co-taught with LW224 – 6 – Banking Law, which is offered to 3rd year undergraduate students. As such, you will benefit from the interaction with a large cohort of around ninety students.
The module seeks to:
1. Provide students with an insight into banks, banking law and the business of banking;
2. Develop students’ in-depth understanding of the institutions involved in banking regulation and supervision in the United Kingdom and the European Union.
3. Enable students to understand key banking transactions and their legal implications;
4. Equip students with an appreciation of the political, social and economic forces underlying the evolution of the financial industry and the attempts to regulate the resulting processes and supervise the relevant institutions; and
5. Provide students with the legal analytical tools for analysing domestic banking transactions and applying the relevant law to scenarios drawn from real-life problems.
By the end of the module students will be able to:
1. Examine the predominant features of the bank-customer relationship in the UK banking industry;
2. Examine the premise and objectives of legal regulation and supervision of the UK and EU banking industry;
3. Appraise 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;
4. Critically assess and evaluate the success of banking reforms that have taken place both at the domestic and the EU level;
5. Assess the legal implications of key banking transactions and of relevant UK legislative reforms;
6. Analyse the legislation that defines the banker-customer relationship and apply it to scenarios taken from practice in order to deliver sound legal advice.
Key Themes:
Introduction to banks and banking services
Discovering the 'business of banking'
UK and EU Banking Regulation and Supervision
Key notions of bank-customer relations
Rights and duties of banks and customers
Payments
Loans
Anti-Money Laundering law and the banks
Duty of confidentiality
This module is taught via weekly lectures and fortnightly tutorials. Specific tutorial questions will be given in advance and will then be discussed in a debate-style conversation. Towards the middle of the term there will be a class discussion of the coursework in order to give students guidance and clarify expectations. The module teaching team will also produce and make available on Moodle short weekly guidance notes. These notes will introduce the material to be covered in the lectures and required readings. The notes will also contain tips designed both to help you navigate the material to be covered in the lectures 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.
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 |
| 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.
Law Education Office, pgtlawqueries@essex.ac.uk
No
No
Yes
Dr Gary Lynch-Wood
University of Manchester
Senior Lecturer
Available via Moodle
Of 28 hours, 20 (71.4%) hours available to students:
0 hours not recorded due to service coverage or fault;
8 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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