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Professor Jo Braithwaite

This course is available on the LLM (extended part-time), LLM (full-time) 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 has a limited number of places and we cannot guarantee all students will get a place.

This course focuses on the private law of banking as it relates to the core banking activities not covered elsewhere on the LLM (i.e., 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, including the duty of confidentiality; 2. Money, transfers of money and payment including the development of new digital currencies and decentralised payment systems, including the debates about central bank digital currencies; 3. Bank payment methods: funds transfers and unauthorised payments; and 4. Bank payment services in an international context, letters of credit.

This course will have two hours of teaching content each week in Michaelmas Term, either in the form of a two hour seminar or an online lecture and one hour class. There will be a Reading Week in Week 6 of Michaelmas Term.

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

For introductory purposes, students are referred to Cranston et al, Principles of Banking Law (OUP, 3rd ed, 2017). Full reading lists will be distributed during the course. Please note that students will be expected to locate and prepare primary legal sources including English cases and legislation for this course.

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

Some departments have produced short videos to introduce their courses. Please refer to the course selection videos index page for further information.