Dr Joanne Braithwaite NAB.7.28

This course is available on the LLM (extended part-time), LLM (full-time), MSc in Law and Accounting and University of Pennsylvania Law School LLM Visiting Students. This course is available with permission as an outside option to students on other programmes where regulations permit.

This course is capped at 60 students. Students must apply through Graduate Course Choice on LSEforYou.

This course focuses on the private law of banking as it relates to the core banking activities not covered elsewhere on the LLM (ie, on courses about the financing activities of banks; the debt markets and the regulation of banking activities). In particular, we look at the deposit-taking relationship, the legal issues surrounding bank payment services, and the inter-disciplinary debates about the nature of money and payments. The course aims to be both domestic and international in perspective, though the emphasis will be on English law. Topics include: 1. The deposit-taking relationship; 2. Money, transfers of money and payment including the development of new digital currencies and decentralised payment systems; 3. Bank payment methods: funds transfers and unauthorised payments; and 4. Bank payment services in international trade.

20 hours of seminars in the MT. 2 hours of seminars in the ST.

There will be a reading week in week 6 of MT.

Students will be asked to submit one essay, which may be written in exam conditions. Students will also be expected to take part in group presentations during the course.

For introductory purposes, students are referred to Ellinger, Lomnicka and Hare, Ellinger’s Modern Banking Law (5th ed, 2011). Full reading lists will be distributed during the course.

Exam (100%, duration: 2 hours, reading time: 15 minutes) in the summer exam period.