The module will focus on the law relating to retail banking. We will be looking at banks as deposit takers in the UK. This will involve an examination of the banker-customer relationship which will include the following: the rights and obligations of the parties in a banking relationship; the operation of the customer's account; the use of different methods of payment by customers such as cheques and plastic cards; and the challenges that electronic banking poses to the banking relationship. The module will also consider the regulatory roles of the Bank of England, the Prudential Regulation Authority and the Financial Conduct Authority as well as the effect of various EU Directives and international measures on UK law. In the latter half of the module, focus will be given to the other core activity of banks as deposit takers, i.e., lending money. This will involve looking at the various types of loans provided by banks, the types of security that banks take and the enforcement of such security. Other ancillary issues such as the impact of insolvency on the banker-customer relationship and anti-money laundering measures will also be examined.
Total study hours: 200
Contact hours: 18
Private study hours: 182
LLM in (Specialisation); LLM in Law; PG Diploma in (Specialisation); PG Certificate in Law
Main assessment methods
Essay, 5000 words (100%)
Reassessment methods
Reassessment instrument: 100% coursework
Arora: Banking Law (Pearson, 2014)
Clarke, How the City of London Works (7th ed, Sweet & Maxwell, 2008)
Cranston, Principles of Banking Law (OUP, 3rd ed, 2014)
Ellinger, Lomnicka and Hare, Ellinger's Modern Banking Law (5th ed, Oxford University Press, 2011)
Millman, Around the world on a trillion dollars a day (Bantam, 1995)
Robinson, The Laundrymen: Inside the world's third largest business (Pocket Books, 1998)
Wadsley and Penn: The Law of Domestic Banking Vol. 1 (Sweet & Maxwell, 2000)
See the library reading list for this module (Canterbury)
The intended subject specific learning outcomes.
On successfully completing the module students will be able to:
1. Demonstrate a comprehensive critical understanding of the nature and legal status of the banker-customer relationship in the UK;
2. Demonstrate a sophisticated critical understanding of the interaction between law and banking operations including the operation of
customer accounts and the scope of a bank's duties to its customers, the provision of credit, the taking of security and enforcement of
security for loans;
3. Recognise and critically evaluate the issues related to the provision of banking services and regulation of the banking industry;
4. Critically analyse and evaluate the relationship between banking business and the law;
5. Demonstrate a systematic understanding of changing trends in banking services as well as the broader social, economic and political
issues underlying the provision of banking services and the attempts to regulate these.
6. Demonstrate comprehensive knowledge and understanding of key concepts, policy issues, principles and relevant sources of law;
7. Demonstrate a sophisticated understanding of the practical application of the law and the importance of evaluating law alongside its
theoretical and practical contexts;
The intended generic learning outcomes.
On successfully completing the module students will be able to:
1. Demonstrate a critical identification of the relevant issues from potentially complex factual situations;
2. Formulate complex written arguments and to provide reasoned and justified opinions as to the possible legal consequences in particular
circumstances;
3. Demonstrate sophisticated independent research;
4. Concisely and accurately summarise detailed and complex bodies of information.
Stage 1
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