This module will provide students with a detailed and contextualised understanding of the role of legal professionals in relation to the operation of business, including the creation of different business models, their day-to-day operation, and the processes of business liquidation. The module will critically and comparatively examine the legal and practical implications arising from the operation of co-operatives, community benefit societies, community interest companies, partnerships, limited liability partnerships and companies limited by shares and by guarantee. The module will offer an in-depth exploration of day-to-day operations concerning: decision-making and ratification; the duties, responsibilities, authority, appointment and termination of key actors, such as partners and company officials; and record keeping, filing and disclosure. Upon completion of the module, students will have covered all aspects of the 'Business Law and Practice' section of the specification for Part 1 of the Solicitor’s Qualifying Examination (SQE) and will be able to apply their knowledge to the assessments set as part of the SQE. On successful completion of the module students will also be able to demonstrate a critical understanding of the ways in which business law and practice shapes and is shaped by the broader capitalist economy, the role of the individual lawyer in the facilitation of that economy, and the ability to critically reflect on emerging issues with which lawyers in practice will be required to engage.
Private Study: 250
Contact Hours: 50 (lectures 10 hours, workshops 40 hours)
Total hours: 300
Available as a compulsory module for:
MLaw Advanced Legal Practice (Integrated)
MLaw Advanced Legal Practice with a Minor Subject (Integrated)
Main assessment methods
Coursework - Assessment 1: Legal research and reflective essay (2,500 words) - 30%.
Coursework - Assessment 2: Legal drafting/legal writing (2,000 words) - 30%
Coursework - Assessment 3: Case matter and reflective essay (3,500 words) – 40%
Reassessment methods
Like-for-like
The University is committed to ensuring that core reading materials are in accessible electronic format in line with the Kent Inclusive Practices.
The most up to date reading list for each module can be found on the university's reading list pages.
J. S. Slorach and J. Ellis, Business Law (Oxford University Press, 29th Ed, 2021)
A. Dignam and J. Lowry, Company Law (Oxford: Oxford University Press, 11th Ed, 2020)
D. Kershaw and R. Moorhead, 'Consequential Responsibility for Client Wrongs: Lehman Brothers and the Regulation of the Legal Profession' (2013) 76(1) The Modern Law Review 26
J. Loughrey, Corporate Lawyers and Corporate Governance (Cambridge: Cambridge University Press, 2012)
I. Snaith, Handbook of Co-operative and Community Benefit Society Law (Manchester: Co-operatives UK, 2nd Ed, 2014)
L. Talbot, Critical Company Law (Abingdon: Routledge, 2nd Edition, 2016)
S. Sime, Company Law in Practice. (OUP, 12th Edition, 2016)
S. Vaughan and E. Oakley, "'Gorilla exceptions' and the ethically apathetic corporate lawyer" (2016) 19(1) Legal Ethics 50
The intended subject specific learning outcomes are as below. On successfully completing the module, students will be able to:
1. Demonstrate and apply a sophisticated knowledge of current legal, financial and practical implications arising from different business models, their creation and governance
2. Demonstrate and apply a systematic theoretical and practical knowledge of legal and financial frameworks that govern business organisations.
3. Demonstrate and apply a systematic knowledge and understanding of a lawyer's ethical, legal, professional and regulatory duties in the context of business law and practice.
4. Demonstrate a critical understanding of the relationship between business law and practice and broader contemporary contexts such as technology; professionalism, identity and ethics; mistakes, disputes and procedural contingency; justice, democracy and citizenship; capitalism and finance.
The intended generic learning outcomes are as below.On successfully completing the module, students will be able to:
1. Conduct advanced research, making proper use of appropriate resources, demonstrating the ability to retrieve up-to-date information.
2. Identify and evaluate complex discrete problems and evidence their ability to appreciate problems in their wider contexts.
3. Develop, and test in practice, hypotheses and strategies appropriate to complex scenarios.
4. Suggest alternative strategies and solutions to problems raised and assess possible outcomes.
5. Produce creative, sophisticated and persuasive arguments drawing on independent research.
6. Set out critical analysis in a clear and accessible way, demonstrating careful and accurate use of the English language.
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