Study programmes

TABLE OF MODULES AT EACH COURSE LEVEL

UNDER REVISION (TO BE POSTED SHORTLY)

 CCT = Class Contact Time; IST = Independent Study Time

Practice Skills (see Practice Skills List below) are also developed within other modules as applicable

Sumario de modulos/Summary of Modules

PRIMER CURSO: LEVEL 1

                                                                HORAS PRESENCIALES (CCT)

        Dig deep to build high!

    Strong roots make tall trees!

                                    Today’s dreams can be tomorrow’s realities!

SEGUNDO CURSO: LEVEL 2

                                                    HORAS PRESENCIALES                         

TABLE OF MODULES AT EACH COURSE LEVEL

UNDER REVISION (TO BE POSTED SHORTLY)

 CCT = Class Contact Time; IST = Independent Study Time

Practice Skills (see Practice Skills List below) are also developed within other modules as applicable

Sumario de contenido de módulos/Summary of modules’ content

PRIMER CURSO: LEVEL 1

                                                                HORAS PRESENCIALES (CCT)

	
	
	
	
	
	
	
	
	



        Dig deep to build high!

    Strong roots make tall trees!

                                    Today’s dreams can be tomorrow’s realities!

SEGUNDO CURSO: LEVEL 2

                                                    HORAS PRESENCIALES                         

	
	
	
	
	
	
	
	
	
	



TERCER CURSO: LEVEL 3         

                                                           HORAS PRESENCIAES

TERCER CURSO: LEVEL 3         

                                                           HORAS PRESENCIAES

CUARTO CURSO: LEVEL 4                                                                      

                                                           HORAS PRESENCIAES

ENGLISH LAW STUDIES (ELS) COURSE PROGRAMMES (Detailed)

UNDER REVISION (AMENDMENTS TO BE POSTED SHORTLY)

 LEVEL 1 

September-June: 350 hrs. Total Study Time

140 hrs. Class Contact Time – CCT (Compulsory attendance)

210 hrs. Independent Study Time – IST

1.           INTRODUCTORY TOPICS [items listed below can be introduced at different stages in Levels 1-3]

1.1.           Welcome to the course: map, a training to provide advice on English law and related legal services, a fresh chip, ‘odious comparisons’ and ‘lost translations’, dual training for a global world

1.2           Course method explained: exploring the ‘pond’, black-letter law, practice competencies and transferable skills, continuing assessment, the evaluations, the ‘cut’, pass marks

1.3           ‘Skyscrapers’, ‘hole in the ground’, ‘scales’ ‘pendulum’ (the Overton Window), ‘spider’s web’

1.4           What makes us tick?

1.5           “Islands”

1.6           What need for law (social harmony or anarchy)?

1.7           Around the camp fire, deciding the substantive rules, ensuring procedures to ensure the fair application of substantive rules (procedure)

1.8           “Lady Justice”; scales, sword, blindfold; balancing social priorities and individual freedoms, balancing the conflicting interests of individuals

1.9           The social contract: four playing fields for everyone: ‘must do or must not do’ (criminal Law), ‘should do or should not do’ (tort), ‘better do or not do’ (social codes), and ‘to agree to do or not to do as between individual persons’ (contract)

1.10         Why courts and judges? How to judge: codified principles and their application (ascertaining the facts, applying the principle); having special regard for previous stories and their endings (‘precedent’)

1.11         Level playing fields: burden of proof, standard civil law, standard criminal law, why different, Genesis 18:23-32, Maimonides 12th century; compare Bismark, Pol Pot, Wolfgang Schäuble (prevention not punishment), guarantees (police enthusiasm, judge’s caprice), the concepts of presumption of innocence, bail, the appeal process, punishment.

1.12         ‘Housekeeping’: files, sections (class notes, class material, secondary material, language skills, practice skills, evaluations, case study, further information), tabbing, numbering, dating, identifying  documents, cross referencing); reasons for housekeeping (having things to hand and under control, avoiding mistakes, time management, peace of mind, holidays, negligence, insurance)

1.13         Forming the ‘firm’; (partners, a team on the rock face, reputation, a business vehicle)

1.14         Letter paper: (creating template: name, image, file and matter references, dating, top and tail)

1.15         Attendance notes: (continuity, prediction, protection, charging, creating template)

1.16         Working with case, statute, definition and expression cards.

1.17         Types of lawyers in England and Wales: barristers, solicitors, registered paralegals (registered and unregistered), legal executives, others

1.18         Relationship lawyer/client (long term, trust, ‘GP’ or ‘Surgeon’)

1.19         The practice of law: types of legal organization: barristers’ chambers, solicitors’ practices (partnerships, LLP’s, limited companies, ABS’s, recognised sole practitioners), other legal business organisations, hierarchies (barristers, solicitors, paralegals, others)

1.20         Invoicing clients, retainers, terms of business, lawyers’ remuneration

1.21         Regulation and conduct, professional indemnity insurance (SRA, PPR and CILEx)

1.22         Setting up a legal services business: for reserved activities (SRA regulated), for unreserved activities (PPR, regulated, unregulated).

1.23         Business plans and marketing (permitted advertising)

1.24         Professional duty of care, contractual liability

1.25 Introduction to the form of a ‘Judgment’ (Merritt v Merritt [1970] EWCA Civ 6)

1.25         Introduction to a ‘Statute’: Law Reform (Contributory Negligence) Act 1945

1.26         Looking for cases, legislation, civil and criminal procedure rules (updating), EU primary and secondary legislation

1.27         The ‘holistic’ approach (the English Legal system ‘Tree’)

2.            THE ENGLISH LEGAL SYSTEM [items listed below can be introduced at different stages in Levels 1-3]

2.1           Common Law and Equity: what is ‘equity’? (Judicature Acts 1873 and 1875), emergence of parliament and legislation

2.2           ‘Doctrine of Precedent’: High Court (HC decision binding on County Court, not binding on other HC judge, convention, reasoning for disagreement), Court of Appeal (binding on lower courts and self), Supreme Court binding on all lower courts but not itself (circumstances to overrule)

2.3           Distinguishing: makes new law (contrast with overruling which changes old law)

2.4           ‘Per incuriam’

2.5           Certainty v. flexibility

2.6           Following the yellow brick road toa fair and just solution: The Common Law method of resolving disputes, reaching decisions via the application of precedents (stare decisis), case law, interpretation and construction of statute, FIRAC: Facts, Issues (legal implications of a factual scenario), Rules (‘black letter law’, EU Law, Statute, Common Law and Equity), Application (of the rules to the factual scenario), Conclusion (reaching a decision, the variables in the ratio decidendi)

2.7           Finding the common-law rules (‘upstairs’)

2.8           Other sources of law and rules incorporated into English law: (natural justice, human rights, treaties and conventions, jurisprudential supranational law)

2.9           The Role of judges and lawyers in the English legal system (contrasts between Common Law and Civil Law; judges, barristers and solicitors in a ‘conspiracy’ for Justice, interaction between barristers and solicitors, reliance of the judge on the parties for full disclosure of the facts and the law each side wishes to argue,

2.10         Ensuring the law works fairly: civil and criminal procedure rules, the ‘Overriding Objective’, pre-action protocols, practice directions, alternative dispute resolution (ADR), funding litigation, acting in person,

2.11         Human Rights

2.12         Judges and magistrates [status, appointments, training, immunity]

2.13         DPP, CPS, Law Officers, Clerks, Ushers and Bailiffs

2.14         The Judge as ‘lawmaker’ (limitations, law reform)

2.15         The parties; (witnesses and experts)

2.16         The police and ‘extended police family’ [powers, accountability]

2.17         Trial and appeals

2.18         Limitation

2.19         New evidence (balancing ‘finality’ and ‘justice’)

2.20         Interpretation of statutes, literal rule, golden rule, mischief rule or purposive construction (the law before the enactment, the mischief or defect the earlier law had, the solution provided, the reason for the remedy), beneficial construction:

3.            TORT (I)

3.1           The basic idea: ‘should do and should not do’, getting on with others; , the accident that should not have happened, the concept of a civil wrong, resulting damage to ‘person’ (physical, mental), ‘property’, ‘emotions’]

3.2           ‘Tort’ and ‘criminal law’ distinguished

3.3    Types of tort (skeleton list), negligence, nuisance, vicarious liability, strict liability, the “Tort Tree”

3.4 Negligence: Liability for negligent acts or omissions: the 4 tests: a duty of care existed because , the duty of care was breached (i.e. reasonable steps were not taken to avoid or prevent the contemplated harm), the damage was caused by the breach (causation, the sine qua non, or ‘but-for’ element [substantial factor test], the actual damage suffered by the claimant was reasonably foreseeable (remoteness; egg shell skull rule.

3.4           Duty of Care’ the abstract notion, Lord Atkin’s definition (Donoghue v Stevenson; Caparo). A confined concept of ‘neighbour in law’. Three components: (a) ‘reasonable foreseeability’ of harm occurring (how likely was it that a reasonable person could have anticipated the potential or actual harmful results of their actions or omissions), (b) proximity of the person harmed (could/should the defendant have had the actual claimant in mind as likely to suffer harm), (c) fair, just and reasonable to impose a duty of care,

3.5 By whose standard is the Duty of Care measured? The reasonable ‘person’, who is a reasonable ‘person’. The approach to establishing what the reasonable ‘person’ should have done or not done

3.7           Defences: volenti non fit injuria, ex turpi causa non oritur actio (illegality), necessity

3.8           Contributory negligence, Law Reform (Contributory Negligence) Act 1945, Nettleship v. Weston 1971

3.9           Causation, remoteness

3.10         Remedies: compensation, injunctions

3.11         Limitation (principles)

3.12         Claims for pure economic loss

3.13         Negligently inflicted psychiatric injury

3.14         Misstatement (Hedley Byrne)

3.15         Employers liability (vicarious liability)

4.            CONTRACT (I)

4.1           The basic idea (the third playing field – getting on with it’; can and cannot do)

4.2           Contract and Tort distinguished

4.3           Agreement and Contract distinguished

4.4           Classification and types of terms (simple, bilateral, unilateral, by deed)

4.5           The Essential elements of a contract: (mnemonic: “All Clubs In France Can Close Late”), Agreement (agreement or enforceable contract), Offer (invitation to treat); Acceptance (postal rule, silence, revocation, termination of offer, counter-offer, requests for information; Consent (duress, undue influence, unconscionable bargains, inequality of bargaining power, unfair relationships, Consumer Credit Act 2006), Intention (domestic and social agreements [presumptions], intention and consideration, mere puff);  Form (contracts to be evidenced in writing, sale of land, S.40 Law of Property Act 1925, marine insurance policies, Marine Insurance Act 1906, guarantees); Consideration (past, sufficiency, past payment, promissory estoppel) ; Capacity (minors, mental incapacity, drunk or drugged, corporations, effect); Legality (illegality, in restraint of trade, contrary to public policy, effect)

4.6           Contents (express terms, implied terms, incorporation distinguished from representation, implied by fact, law and custom, implied by Statute (description, quality, and title of goods, Consumer Rights Act 2015)

4.7           ‘Void’ Contracts

4.8           Voidable Contracts (repudiation)

4.9           Unenforceable Contracts

4.10 Variation to an existing contract, Novation (substitution of a party (e.g., when a tenant passes the lease over to another person making him or her responsible for rent payments and any property damages according to the original lease contract)

5.            CIVIL LITIGATION, PRACTICE AND PROCEDURE (I)

Case Study: Anthony v. Cleopatra

5.1           Attracting the client (word of mouth, web site, advertising (The Solicitors (Advertising) Regulations 2002), SRA Code of Conduct-Chapter 8: Publicity)

5.2           Arranging the first meeting, receiving the client

5.3           Interviewing the client, ‘know your client’, asking the right questions to obtain appropriate facts (potentially relevant, material) to identify the legal issues involved and the rules of law that apply, client is first source of evidence, how reliable, reading body language

5.4           Opening the file, retainer and terms of business

5.5           Obtaining evidence to support facts (documentary evidence – reports, correspondence, bills, etc.; visual     evidence – photographs, videos, physical exhibits, etc., site inspections, enquiries, witnesses, assessing your chances, strengths and weaknesses, dedicating effort and imagination to improving your chances and to distinguish), how diligent/creative do you need to be, proportionality

5.6           Pre-action protocols: principle and purpose, cards on table, agreeing facts with opponent, timescales, court control, consequence of non-performance

5.7           The pre-action protocol for personal injury cases

5.8           Case briefs (FIRAC approach)

6.            PROFESSIONAL CONDUCT AND ACCOUNTS (I)

6.1           Outcomes focused regulation (contrast with rule based regulation]

6.2           General overview of Solicitors’ Code of Conduct, Bar Standards Code of Conduct, Paralegal Code of Conduct

6.3           SRA Code of Conduct: the mandatory principles, client care (chapter 1), equality and diversity (chapter 2), conflict of Interest (chapter 3), confidentiality and disclosure (chapter 4), the client and the court (chapter 5), the client and Introductions to third parties (chapter 6)

6.4           Keeping client money and assets safe; client and office account (SRA Accounts Rules 2011)

7.            CRIMINAL LAW (I)*

7.1           Level playing field, presumption of innocence, burden and standard of proof

7.2           Classification of crimes (summary only, either way offences, indictable only offences)

7.3           Categories of criminal offences; personal crimes: homicide, violent crimes (e.g. assault and battery), arson, child abuse, domestic abuse, kidnapping, rape, statutory rape; property crimes: (e.g. theft offences – burglary, robbery, shoplifting, etc.); inchoate crimes: (e.g. encouragement, assistance, attempt, conspiracy – a substantial step towards the completion of the crime); statutory crimes:(e.g. driving under  the influence, minors in possession of alcohol, drunk and disorderly; financial crimes: (e.g. deception, fraud, blackmail, embezzlement, money laundering, tax evasion, cybercrime)

7.4           Actus Reus (conduct, result crimes, liability for acts/omissions, existence of necessary circumstances  before a crime can be committed, causation)

7.5           Mens Rea (motive, intent, oblique intention, virtually certain consequences, recklessness, transferred  malice, crimes of negligence, crimes of strict liability, liability of corporations)

7.6           Parties to a crime (principal offender, requirements for secondary participation, joint enterprise, accomplice liability)

7.7           Strict liability

7.8           Defences (state of mind/capacity, insanity, automatism, intoxication, mistake, self-defence, duress, necessity, marital coercion offences requiring intent, public and private defence, infancy

7.9           Partial defences to specific crimes (e.g. consent for ‘assault and battery’, loss of control, diminished responsibility for murder)

[Note: ELS Students planning to take the SRA examinations to qualify as ‘Solicitors’ in England and Wales’ will need to attend further classes to include the following topics: Procedures and processes at police stations, bail applications and procedures involved in criminal litigation, evidence in criminal trials].

8.         WORKSHOPS: PRACTICE SKILLS

Exercises and assessments relating to practice competencies in modules 1-7 including opening a file, working on the ‘music’ of English, reading cases, oral adversarial development of factual scenarios, written tort problem, written contract problem, oral topic presentations (prepared and unprepared), writing letters (apology, condolence), writing an essay, writing attendance notes, filing and recording, mock interviews (listening, taking notes, encouraging the client to talk, understanding the client’s concerns, courtesy and professionalism, no rushed decisions, invite client to ask questions, advising on confidentiality rights, attendance note of meeting, CV and covering letter, diarising and prioritising, finding the law.

LEVEL 2

September-May 300 hrs. Total Study Time

120 hrs- Class Contact Time – CCT (Compulsory attendance)

180 hrs. Independent Study Time – IST (Recommended for pass results

                                             

1.            TORT (II)*

1.           REVISION (I)

                    1.2              Nuisance [(Human Rights Act 1998), Rylands & Another v. Fletcher, Dangerous Premises]

                    1.3              Defamation: (libel, slander, malicious falsehood, remedies, defences), Privacy, Economic Loss

                    1.4              Trespass to Land and Goods and Conversion

1.5              Intentional torts [the concept, intention (e.g. trespass to the person, false imprisonment, intentional infliction of physical or mental harm, harassment, intentional interference with economic interests, intentional abuse of power and process)

1.6              Legislation and Tort: (breach of statutory duty, Occupiers Liability Act 1979, product liability, Consumer Protection Act 1987,European Community (EC) Directive 85/374/EEC)

1.7              The Tort ‘tree’

1.8              Transnational issues: Rome II Regulation No. 865/2007 (non-contractual obligations)

2.            CONTRACT (II)*

2.1              REVISION (I)

2.2              Termination: performance, breach (nature and effect of, right to terminate, limitations, time stipulation)

2.3              Frustration: limitations, effects, rule in Sumpter v. Hedges 1898, ‘inadimplenti non est adiplendum, Law Reform, (Frustrated Contracts) Act 1943

2.4              Exclusion(exemption) and limitation of liability

2.5              Warranties, promises, guarantees, deposits,

2.6              Misrepresentation (definition, breaking down the elements: false, statement, fact, law, inducement), when actionable, types, remedies, Misrepresentation Act 1967, exclusion of liability, non-disclosure,                          misrepresentation and estoppels, puff, damages)

2.7              Mistake: common mistake (impossibility, as to subject matter, as to identity of subject matter, as to possibility of performance, as to quality, as to quantity, as to law, non est factum); unilateral mistake (as to person, as to subject matter, as to terms of contract), effects and remedies, rectification

2.8              Great Peace Shipping Ltd v Tsavliris (International) Ltd [2002] 

2.9              Duress (types, remedies)

2.10            Undue Influence (actual, presumed, remedies, third parties)                 

2.11            Examining Cases on ‘intention, ‘consideration’, etc.

2.12            The Contract ‘tree’

2.13            Transnational issues: Rome I Regulation, 2008 (applicable to contractual obligations)

3.            CIVIL LITIGATION, PRACTICE AND PROCEDURE (II)

               Case Study: Anthony v. Cleopatra: continued

3.1              REVISION (I)

3.2              Adversarial System

3.3              Jurisdiction

3.4              Funding options for litigation

3.5              Evidence; finality in justice (Ladd v. Marshall 1954, Singh v. Habib [2011)

3.6              Overriding Objective) Part 1 CPR)

3.7              Pre-action Protocol for personal injury- revisited

3.8              Civil procedure ‘tree’

3.9              Commencing proceedings CPR Part 6 (Service of documents), CPR Part 7 (the Claim), CPR Part 9 (Responding to Particulars of Claim), CPR Part 10 (Acknowledgment of Service)

3.10            Statements of truth (CPR Part 22)

3.11            Particulars of Claim (CPR Part 16)

3.12            Defence and Reply (CPR Part 15)

3.13            Witness Statements (CPR Part 32)

3.14            Introduction to Court’s management powers, case management (CPR Part 3), breaches of CPR, unless orders, striking out, sanction relief

3.15            Disclosure and inspection of documents (CPR part 31)

3.16            Briefing counsel (knowing your limitations, advising client)

3.17            Obtaining counsel’s opinion

3.18            The Courts and Tribunals: Structure and jurisdiction: Criminal (Magistrates Court and Crown Court),  Civil (County Court, High Court); appeal jurisdictions (Appeal Court, Supreme Court, European Court of  Justice [Luxembourg], Article 267 (TFEU) direct, discretionary reference, Court of Human Rights [Strasbourg, 1959]

4.            PROFESSIONAL CONDUCT AND ACCOUNTS (II)

4.1            REVISION (I)

4.2              SRA Code of Conduct: Chapter 11, 13A (overseas)

4.3              Receipts and payments: client money, office money, cash, cheques, petty cash

4.4              Deposits: agents, stakeholders

4.5              Disbursements: agency, principal

4.6              Accounting entries: separate office and client ledgers

4.7              Bank accounts (institutional lender)

4.8              Transfers between bank accounts and between ledgers (may and must be made), accounting entries required, interest: when paid, accounting entries required

4.9              Bills: submission of, reduction and payment of (VAT element), accounting entries required

4.10            Required accounting records for compliance SRA Accounts Rules

4.11            Balance sheet and profit and loss statement

4.12            Auditing of accounts

4.13            Professional indemnity insurance

4.14            Legal Services Act 2007

5.            FAMILY LAW (I)

5.1              The Family

5.2              Marriage, civil partnership and cohabitation

5.3              Divorce and mediation

5.4              Family property (married, unmarried, complex)

5.5              Separation and property

5.6              Transnational issues: EU Rome III Regulation (The European Divorce Law Pact 2010) for applicable law,  Brussels II bis 2201/2003 Regulation (for jurisdiction), maintenance orders (the ‘Maintenance Regulation’) Regulation 4/2009, Child Abduction: Hague Convention 1980 (civil aspects), Hague                                          Convention 1996 (jurisdiction, applicable law)

6.            WILLS AND SUCCESSION

6.1              Wills (principle, Wills Act 1963)

6.2              Intestacy (principle, Wills Act 1837, Administration of Estates Act 1925, Trustee Act 1925, Inheritance                                     and Trustees Powers Act 2014)

6.3              Rights of third parties, inheritance(Provision for Family and Dependants)Act1975

6.4              Probate, administration (CPR Part 57)

6.5              Transnational issues:  EU Brussels IV Regulation 650/2012 (cross border successions)

7.            BUSINESS, COMPANY & TAX LAW (I)

7.1              Concept and origin of companies (Salomon v Salomon & Co. Ltd 1896)

7.2              Legal personality and the law

7.3              Setting up a business: business plan, SWOT test, types of business organisations; sole trader, partnership, limited company (private/public)

7.4              Sole trader or limited company

7.5              Introduction to operational concepts: capital (shareholders), management (directors), human resources (employees), trading partners

7.6              Introduction to financial concepts: revenue, expenditure, profit/loss, balance sheet, P&L statement

7.7              Formation formalities

7.8              Promoters and pre-incorporation contracts

7.9              Companies Act 2006

7.10            Directors’ duties

7.11            The Small Business Enterprise and Employment Act 2015

8.             WORKSHOPS: PRACTICE SKILLS

Exercises and assessments relating to practice competencies in modules 1-7 including reading cases, working on facts and issues, case brief, brief to counsel, letter of complaint, letter road accident, retainer letter, contract  problem (Z), preparing for an interview, further interviewing practice (difficult clients), who is he/she/they, why is the client there, what does the client want from you, what is right for the client, identifying urgent priorities, considering effective action, considering proactive and effective planning, what are the risks/benefits attached to the advice given, empathising (language, cultural and personality issues),explaining costs issues, interview style; feedback, asking the right questions the right way, working from a bare facts structure to expand in consideration of rules to apply, considering strengths/weaknesses (30/50/70), improving poor chances/undermining good chances, supporting facts with appropriate evidence, evaluating ethical implications, reporting interviews, advising the client, brief to counsel, claim form, particulars of claim, advocacy (moot), analysing a ‘ratio decidendi’, critical analysis (of judgment, essay), working on language and voice skills

LEVEL 3

September-May: 300 hrs.: 100 hrs. Total Study Time

120 hrs. Class Contact time – CCT (compulsory attendance)

180 hrs. Independent Study Time – IST (Recommended for pass results)

1.            CONTRACT (III)*

1.1              REVISION (I) AND (II)

1.2              Analysis and interpretation of contractual clauses

1.3              Remedies (compensatory, liquidated, punitive, nominal), equitable remedies (specific performance, injunction, restitution)

1.4              Rescission

1.5              Reformation

1.6              Assignment (non-assignable rights, by operation of law)

1.7              Agency (capacity to be an agent, creation, effects, commercial agents)

1.8              Third parties (privity of contract, Contracts (Rights of Third Parties) Act 1999, third parties and negligence, exemption, Himalaya’ clause)

                    1.9           Contracts with the consumer: unfair contracts terms, Consumer Rights Act 2015 (Sale of Goods Act 1979, ‘distance contracts’, Consumer Contracts (Information, Cancellation, Additional Charges), Regulations 2013 (“Consumer Contract Regulations 2013”), application to lawyer-client retainers.

2.            CIVIL LITIGATION, PRACTICE AND PROCEDURE (III)

               Case Study: Anthony v. Cleopatra continued

2.1              REVISION (II)

2.2              Disclosure (inspection, strategy)

2.3              Applications (CPR Part 23)

2.4              Summary judgment (Part 24), striking out (CPR Part3 & 24)

2.5              Requests for further information (CPR Part 18)

2.6              Admissions (CPR Part 14)

2.7              Interim remedies and security for costs (CPR Part 25)

2.8              Offers to settle (CPR PART 36), ‘Calderbank’ offers

2.9              Case management and directions (CPR Part 3)

2.10            Evidence overview (CPR Part 32), testing evidence with cross examination

2.11            Preparing ‘bundles’

2.12            Trial (the road map), judgment, appeal, enforcement

3.            CRIMINAL LAW (II)*

3.1              REVISION (I)

3.2              Role of police, charge, prosecution, courts, sentences, prisons, bail, report, compensation, minors’  rights

3.3              Categories of crimes (offences against the person, sexual offences, public order offences, offences against property, forgery, personation, cheating

3.4              Specific offences; Homicide: murder, manslaughter, voluntary manslaughter, manslaughter by gross negligence, corporate manslaughter. (Homicide Act 1957)

3.5              Non-fatal offences against the person: assault, battery, consent. (Offences against the Person act 1861) [In particular, ss, 18, 20 and 47]

3.6              Theft and related offences: theft, robbery, making off without payment, burglary, aggravated burglary, blackmail, handling stolen goods. (Theft Act 1968) , . [in particular: ss. 1, 8, 9, 10],

3.7              Fraud: fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, obtaining services dishonestly, possession of articles for fraud. (Fraud Act 2006)

3.8 Criminal damage to property: destroying or damaging property, destroying or damaging property with intent endanger life, arson. (Criminal Damage Act 1971)

4.            FAMILY LAW (II)

4.1              REVISION (I)

4.2              Parents and the rights of children

4.3              Children in care (foster parents, adoption)

4.4              Human Rights Act 1998 (family law, divorce, children)

4.5              Families and the elderly

5.            BUSINESS, COMPANY AND TAX LAW (II)

5.1              REVISION (I)

5.2              UK Corporate Governance Code

5.3              European directives

5.4              Financial Services and Markets Act 2000

5.5              History and principles of taxation

5.6              Connecting factors (residence, domicile, nationality)

5.7              Personal taxation

5.8              Business taxation

5.9              Sales taxes and duties

5.10            Double taxation (principles, conventions, effect)

6.            LAW OF PROPERTY (I)*

6.1              What is land? What is property? (Movable, immovable, real, personal)

6.2              Protocol 1 Art.1 of the European Convention on Human Rights

6.3              Title (freehold/fee simple, leasehold, tenancy, legal interest, equitable interest)

6.4              Adverse possession: (factual possession, intention to possess, without owner’s consent, nec clam, nec vi, nec precario’, fee simple title, difference with prescriptive easement

6.5              Distinguishing rights to occupy and use (lease and licence)

6.6              Requirements for a valid deed and valid contract in relation to land (s.40 Law of Property Act 1925, s.2  Law of Property (Miscellaneous Provisions) Act 1989, for new interests in land, sale, transfer, lease,  mortgage

6.7              Unregistered land: role of title deeds, law to protect interests, registration of land charges, doctrine of Notice

6.8              Registered land: estates which are registrable. Protecting interests, interests that override registration,  interests that need to be protected by entry on the Register

6.9              Leasehold: formalities for creating a lease, landlord and tenant covenants, effect of assignments and sub-lettings, termination of lease

6.10            Public Rights and Access

6.11            Trust Property

7.            CONSTITUTIONAL AND ADMINISTRATIVE LAW*

7.1              What constitution?

7.2              The rule of law: definition, key concepts, legal status, twin pillars of the British Constitution (rule of law, parliamentary sovereignty – A.V. Dicey, 1885), Magna Carta 1215

7.3              Separation of powers and core institutions: parliament, cabinet and central government, judiciary, crown, the people, checks and balances

7.4              Interaction between crown prerogative and parliament

7.5              Legislation (enactment and repeal), devolution (nature, status)

7.6              Government power: accountability to parliament, collective and individual ministerial responsibility

7.7              Police and public order: breach of the peace, Public Order Act 1986, Public Order Act offences, processions and assemblies

7.8              Human Rights Act:  civil liberties, interaction with European Convention on Human Rights (Rome 1950)

7.9              Judicial Review: illegality (wrong person, unlawful sub-delegation, error of law or fact, ultra vires, relevant/irrelevant considerations, fettering discretion); irrationality (proportionality); procedural impropriety (statutory procedures, breach of natural justice, bias, no fair hearing, no reasons given); legitimate expectation; additional grounds, CPR Part 54

7.10            The Administrative Court

7.11            European Communities Act 1972, Brexit, repeal Bill

7.12            Relationship EU law and national law (The Factortame Case), remedies for breach of EU law

7.13            Colonies

7.14            Constitutional Reform Act 2006

7.15            Constitutional and Reform and Governance Act 2010

7.16            Parliamentary Voting and Constituencies Act 2011

7.17            Trade unions

8.            COMMERCIAL LAW (I)

8.1              Sale of Goods and Services: legislation, business to business and consumer to consumer contracts                                         (Supply of Goods (Implied Terms) Act 1973, Sale of Goods Act 1979, Sale and Supply of Goods Act 1994,               Supply of Goods and Services Act 1982, Unfair Contract Terms Act 1977; ‘consumer contracts’ (trader supplying consumer), Consumer Rights Act 2015

8.2              Representations

8.3              Terms and guaranties

8.4              Seller’s obligations: title, quality, quantity

8.5              Buyer’s obligations: acceptance, payment,

8.6              Transfer of property: Non-specific Goods, Specific Goods

8.7              Reservation of right of disposal

8.8              Remedies and compensation

8.9              The ‘Four Freedoms’ and effect on commerce

8.10            EU free movement of goods (customs duties and charges (articles 20-30 Treaty on the Functioning of the European Union – TFEU), discriminatory taxation (direct and indirect discrimination, non-tariff barriers to trade (quantitative restrictions, selling arrangements, derogation), objective justification (article 110 TFEU, ECJ 20 February 1979 (‘Cassis de Dijon Case’ 120/78), measures having an effect equivalent to quantitative restrictions – MEQR’s)

8.11            EU free Movement of citizens (workers, self employed, economically inactive and their families, equal treatment and access to employment, article 45 TFEU

8.12            EU free movement of capital (TFEU articles 63-66, what are they? Annex 1 Directive 88/361/EEC, definition types of capital movement, when and why liberalised)

8.13            EU right of establishment and freedom to provide services (TFEU articles 49 and 56, Directive 2006/123)

8.14            Competition law (art. 101-102 TFEU, agreements restricting competition, horizontal and vertical agreements, cartels [price fixing, market sharing], exceptions, abuse of dominant position, unfair pricing, limiting production, refusing to innovate to the prejudice of consumers, Commissions powers of investigation, imposition of fines, rules of procedure Council Regulation (EC) 1/2003, key factors, checks and balances, national competition authorities, application of art. 101-102

9.            EQUITY &TRUSTS (I)*

9.1              What are trusts?

9.2              Reason for trusts

9.3              Property in trust

9.4              Settlor, trustee, beneficiary

9.5              Types of trust

9.6              Creation and requirements of express trusts(intention to create, subject matter, certainty of objectives

9.7              Formalities for an express inter vivos trust

9.8              Constitution of express inter vivos trust (transfers to trustees, declaration of self as a trustee)

9.9              Resulting trusts (how they arise, when presumed)

9.10            Half secret and secret trusts (creation)

9.11            Trusts and the family house, establishment of a constructive trust (legal title in name of both parties, sole party, express declaration and agreement as to equitable ownership, direct and indirect contribution, evaluating share of each party)

9.12            Equitable remedies (nature of, types of injunction, principles applicable to interim injunctions)

9.13           “Equity will not assist the volunteer”

9.14            Tax Implications of trusts

10.          WORKSHOPS: PRACTICE SKILLS

Exercises and assessments for practice competencies in Subjects 1-9 including correspondence updating client, in- tray tests, Watson-Glaser tests, submitting an application, giving written legal advice, preparing bundles for trial, skeleton arguments, addressing the Court properly, opening speeches, introducing a case to the court in support of a submission in argument, working on language and voice skills, setting up a private limited company, registering a trade mark, buying a house (firm projects and student teaching)

LEVEL 4

September-May 250 hours: 300 hours Total Study Time

120 hrs. Class Contact Time (CCT) (Compulsory attendance)

180 hrs. Independent Study Time – IST (Recommended for pass results)

1.            CONTRACT (IV)*

1.1              REVISION (I), (II) and (III)

1.2              Unjust enrichment failure of consideration, void contracts, quantum meruit, provision for remuneration (express, condition, no express condition)

1.3              Damages (types of loss, remoteness, measure, mitigation)

1.4              Interpretation and drafting

2.            CIVIL LITIGATION, PRACTICE AND PROCEDURE (IV)

2.1              REVISION (I), (II) and (III)

2.2              Case Study Anthony v. Cleopatra reviewed

2.3              Confidentiality, legal professional privilege, litigation privilege, inter-relationship (no blank cheque for secrecy)

2.4              Dealing with conflicts of interest

2.5              Expert evidence

2.6              Costs (principles)

2.7              Application for Summary Judgment (when and how)

2.8              Arbitration (New York Convention 1958, Uncitral Arbitration Rules 1976 – revised, Arbitration Act 1996

2.9              Alternative dispute resolution, negotiation (between lawyers, ‘at the door of the Court’, conciliation/mediation, ombudsman, consumer groups

2.10            Conventions, protocols and principles

2.11            Transnational business litigation issues

3.            FAMILY LAW (III)

3.1           REVISION (I) and (II)

3.2              Matrimonial Causes Act 1973 and other legislation

3.3              Children and families Act 2014

3.4              Financial arrangements

3.5              Civil partnership

3.6              Domestic violence

3.7              Not uncommon transnational scenarios

4.            BUSINESS, COMPANY AND TAX LAW (III)

4.1              REVISION (I) and (II)

4.2              Insolvencies and liquidations (Insolvency Act 1986)

4.3              Financial Services Act 2012

4.4              Corporate financing

4.5              Merger

4.6              Acquisition

4.7              Market regulation

4.8              Taxation:  international aspects (double taxation agreements)

4.9              Corporate rescue and liquidations

5.            LAW OF PROPERTY (II)*

5.1              REVISION (I)

5.2              Co-ownership (trusts of land, legal and equitable title to land, difference between joint tenancies and tenancies in common, method of severance of joint tenancies in equity, solving disagreements between co-owners (ss. 14     & 15 Trusts of Land and Appointment of Trustee Act 1996)

5.3              Servitudes, easements and profits (characteristics of easements, creation of easements and profits, express,   implied and prescriptive easements)

5.4              Covenants (freehold, leasehold, positive, negative), enforceability of covenants (original parties, successors in title), running of the benefit and the burden

5.5              Mortgages (legal and equitable); creation, registration, cancellation, enforcement, protection of mortgages, equity of redemption

5.6              Buying and selling a property, the contract, the ‘conveyance’

5.7              Equitable obligations

6.            COMMERCAL LAW (II)

6.1           REVISION (I) and (II)

6.2              Product liability

6.3              ICC terms

6.4              Vehicles for foreign trade (subsidiary, branch, agent, representative, distributor)

6.5              Transport law

7.            EQUITY AND TRUST (II)*

7.1              REVISION (I)

7.2              Charitable trusts: doctrine of cy pres, definition of ‘charity’ [Charities Act 2011], heads of charitable purpose, establishing ‘public benefit’ under principles 1 and 2

7.3              Non-charitable purpose trusts: the beneficiary principle, exceptional cases where purpose trusts can be upheld, unincorporated associations

7.4              The fiduciary relationship and its obligations:  duty not to profit from fiduciary position, trustees not to purchase trust property, fiduciary not to put himself in a position of conflict between duty and personal interest

7.5              Strangers as constructive trustees: accountable as constructive trustees, establishing recipient liability, establishing accessory liability

7.6              Who can be a trustee: appointment, removal and retirement, duty of care, duty to invest (powers in relation to investment), trustee’s statutory powers of maintenance and advancement

7.7              Trustee’s liability: breach of trust, measure of liability, protection of trustees, limitation period

7.8              Tracing trust property in equity: establishing the right to trace, mixed and unmixed funds, the personal action in Diplock (unjust enrichment, tracing)

7.9              Equitable remedies: nature of equitable remedies, types of injunction, principles applicable to the issue of interim injunctions

8.            FINANCIAL SERVICES AND MONEY LAUNDERING

8.1              What is money laundering and when is it happening

8.2              Recognising the signs

8.3              What to do and when

8.4              Proceeds of Crime Act 2002 (POCA)

8.5              Confiscation

8.6              Penalties

8.7              Financial services regulation (purpose, scope)

8.8              Framework of financial regulation, application to lawyers

8.9              Financial services issues: specified investments, specific activities, exemptions

8.10            Sources of relevant information

9.            EMPLOYMENT LAW

9.1              Introductory topics

9.2              Employment contracts

9.3              Protected rights

9.4              Discipline and dismissal

9.5              Redundancy

9.6              Unfair dismissal

9.7              ACAS, Employment Tribunal

10.         INTELLECTUAL PROPERTY LAW

10.1            What is intellectual property (IP): ‘creations of the mind’

10.2         Why protect it: Article 27 of the Universal Declaration of Human Rights,

10.3            Types of IP: copyright, patents, trademarks, industrial designs, geographical indications

10.4            Copyright, Designs and Patents Act 1988, The Berne Convention, 2004 (amended 2011)

10.5            Copyright: categories (literary, dramatic, musical, artistic, typographical arrangement published editions, sound recording, film), duration

10.6            World Intellectual Property Organisation (WIPO), UK Copyright Service, UK Intellectual Property Office

10.7            Trademarks: Trademarks Act 1994, Madrid Protocol – WIPO, international application, Regulation (EC) No 40/94of 20 December 1993 on the Community Trade Mark, Community Trade Marks (CTM) Regulation 207/2009/EC

10.8            Stopping trademark infringement, jurisdiction (Brussels Regulation 44/2001/EC, CTM Art. 97(5))

11.         WORKSHOPS:  PRACTICE SKILLS

Exercises and assessments relating to practice competencies in subjects 1-10 including: drafting witness statements and affidavits, examination in chief, cross-examination, re-examination (practice techniques), closing speeches, advising on risks, negotiation (contentious/non-contentious), negotiating techniques (listening, questioning, exploring alternatives, negotiating styles, documenting conclusions, closing a file, familiarising with standard forms, drafting contracts

PRACTICE SKILLS LIST

Alongside the ‘black-letter’ law you will be learning, together with professional conduct, accounts and office practice, you will also practice numerous “SKILLS”

These are the skills which will help you obtain best results in the practical day-to-day application of your legal knowledge. They are sometimes called ‘transferable skills’ because you will be able to put many of them to good use in any professional or social environment that you become involved in after leaving university. Your Practice Skills’ are developed progressively at each Level of the ELS Course. In particular, you will practice:

1.                Thinking in a logical way

2.                Researching, cross checking information and preparation

3.                Handling large quantities of information

4.                 Critically analysing information

5.                 Working under pressure

6.                Working in teams

7.                Multi-tasking

8.                Assessing and valuating the risk involved in transactions, policies, proposed solutions

9.                Housekeeping: filing documents, attendance notes, compiling case bundles

10.              Solving legal problems:  

– identifying relevant facts

– recognising the legal issues that the facts give rise to

– researching the rules of law to be applied to the legal issues

– applying the rules of law to the facts

– proposing a solution.

– predictive analysis and legal knowledge engineering

11.              Communicating orally:

-thinking before speaking – what am I going to say and how am I going to say it

– explaining matters in a logical and comprehensible way

– using appropriate terminology

– giving legal advice; explaining points of law, weighing odds and drawing conclusions

– empathising and counseling

– negotiating

– persuading

– arguing a point

– interviewing

– making public presentations

– advocacy: presenting a case, opening and closing speeches

– examination-in-chief and cross-examination

12.              Communicating in writing:

– letters (all types including engagement letters), emails, memoranda and attendance notes (style and content)

– briefs to counsel, case briefs

– retainers and conditions of service

– legal opinions

– applications

– opening and closing speeches

– drafting contracts

– numbering, formatting and presentation of written material

– referencing

– court forms (familiarity with and accuracy)

13-              Marketing  Business Development

                    – publicity

                    – advertising

                    – networking

                    – reputation

                    – Defining objectives and business strategy

                    – Generating business

14.              Observing ‘good practice’

                    – being punctual

                    – acknowledging receipt of correspondence

                    – keeping people informed

                    – being polite, patient and respectful

                    – knowing how and when to apologise and/or admit being wrong

                    – showing gratitude

                    – making friends, not enemies

15.              Practical workshops

– setting up a company

– drafting a will

– on-line dispute resolution

– office accounting

– distance advising