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Department of Financial and Management Studies (DeFiMS)

Financial law

Course Code:
15PFMC058
Unit value:
0.5
Taught in:
Term 1

This module provides an understanding of the essential elements of financial law. These need to be studied (i) for their own sake and (ii) as a foundation for the following modules. The module complements the finance module 'Risk management: principles and applications' by examining the legal approach to dealing with risk. These two modules combine to give the student a comprehensive and coherent appreciation of the financial and legal aspects of the subject.

Objectives and learning outcomes of the course

The main objectives of the course are: 

  • to provide a grounding in the legal issues of financial law
  • to provide an understanding of the national and international legal practice issues relating to financial law

By the end of the course, students will:

  • have a sound knowledge of the main principles of financial law with reference to English law and, where relevant, the law of other jurisdictions
  • have a sound understanding of the legal national and international practice of financial law and of the main terms and operation of the standard documentation
  • have an appreciation of a comparative law approach and country perspective with particular reference to the emerging financial markets in the Middle East, Asia and Africa.

Method of assessment

Assessment for this course is by one tutorial presentation at 10%; an essay of 4,000 words at 30%; an unseen written examination at 60% of the total grade; all elements except the presentation may be resubmitted

Suggested reading

Readings
  • Roy Goode; Commercial Law (Penguin Books, 2nd ed, 1995)
  • EP Ellinger, E Lomnicka & R Hooley Modern Banking Law (OUP, Oxford 3rd ed, 2002)
  • Ross Cranston, Principles of Banking Law (Clarendon Press, Oxford, 1997)
Reference books:
  • Roy Goode; Legal Problems of Credit and Security (Sweet & Maxwell, London, 2nd ed, 1988)
  • Simon James; The Law of Derivatives (Lloyds of London Press, London, 1999)
  • Alistair Hudson; The Law on Financial Derivatives (London, Sweet & Maxwell, 1996)
  • Alistair Hudson; Swaps, Restitution & Trusts, (Sweet & Maxwell, London, 1999)
  • Ross Cranston (ed); Making Commercial Law: Essays in Honour of Roy Goode (Clarendon Press, Oxford, 1997)
  • Peter BH Birks (ed); Laundering and Tracing (Clarendon Press, Oxford, 1995)
  • Lionel Smith; The Law of Tracing (Clarendon Press, Oxford, 1997)
  • JJ Norton, PR Spellman and MS Dupler (eds); International Asset Securitisation (Lloyds of London Press, 1995)
  • Freddy Salinger; Factoring Law and Practice (Sweet & Maxwell, London, 1995)
  • Phillip R Wood; Comparative Financial Law (Sweet & Maxwell, London, 1995)
  • Phillip R.Wood; Title Finance, Derivatives, Securitisations Set-off and Netting (Sweet & Maxwell, London, 1995)
  • Phillip R Wood; Comparative Law of Security and Guarantees (Sweet & Maxwell, London, 1995)
  • Journals: Articles will be available on either Westlaw or Lexis.