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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 demand is typically high. This may mean that you’re not able to get a place on this course.

This course focuses on the private law of banking as it relates to the core 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 changing 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 ongoing debates around/ development of new digital currencies by central banks and decentralised payment systems, including the debates about central bank digital currencies; 3. Bank payment methods: funds transfers and unauthorised payments including the debate around tackling ‘authorised push payment’ or APP scams; and 4. Bank payment services in an international context, letters of credit.

Two hours of teaching content each week in Autumn Term and a two hour revision class in the Spring Term. There will be a Reading Week in Week 6 of Autumn 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, review and prepare answers for discussion in class based on primary legal sources including English cases and legislation for this course.

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