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Unit information: Banking Law in 2021/22

Unit name Banking Law
Unit code LAWD30090
Credit points 20
Level of study H/6
Teaching block(s) Teaching Block 4 (weeks 1-24)
Unit director Miss. Powley
Open unit status Not open
Pre-requisites

Either LAWD10008 Law of Contract and LAWD10011 Law of Tort

or LAWD10007 Foundations of Business Law

Co-requisites

None

School/department University of Bristol Law School
Faculty Faculty of Social Sciences and Law

Description including Unit Aims

This unit is principally concerned with domestic banking law and regulation in the United Kingdom, as it affects retail banking customers. The banking sector, and banking law, has experienced significant developments in the years after the financial crisis - reforms have been introduced to enhance the stability of the financial sector, improve levels of consumer protection and address concerns surrounding the culture within the banking sector. The pace of technological development is also having a dramatic effect on the operation of the banking sector, the evolution of banking institutions and how banks interact with their customers. Yet, alongside these recent developments, the traditional challenges debated in banking law still exist: there are questions surrounding the operation of the money laundering regime and how it affects the banker-customer relationship, and the issue of the scope of the banker's duty of care towards their customers is again moving into the spotlight.

Studying on this unit, students will have the opportunity to engage with, analyse and assess these important developments. The traditional elements of banking law are covered, including: the nature of the banker-customer relationship and its legal basis; mandate and mistaken payments; and, lending. Students are also encouraged to engage with current debates in banking law: the work of the financial regulators will be discussed and critiqued, as well as that of other bodies working to enhance the scope of consumer protection in the banking sector (such as the Financial Ombudsman Service and the Competition and Markets Authority). The impact of financial innovation through financial technology (FinTech) and the ramifications of the Payment Services Regulations 2017 on payment cards and services, data sharing and confidentiality will also be considered.

Intended Learning Outcomes

By the end of this unit, students will be able to:

  1. Describe the principles of law and practice that affect UK banks and their customers, including the relevant principles from contract, tort and restitution.
  2. Summarise the role of the regulatory authorities and the regulatory process.
  3. Employ relevant legal principles and regulatory rules to resolve problem question scenarios.
  4. Construct arguments analysing the development of banking law using case law, statute, regulatory publications and banking industry sources.
  5. Assess critically the impact of law and regulation on the banking sector and the banker-customer relationship.

Teaching Information

Teaching will be delivered through a variety of asynchronous and synchronous activities

Assessment Information

1 x summative assessment: Timed Open Book Assessment with a specified word count (100%)

The assessment will assess all of the intended learning outcomes for this unit.

Resources

If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.

If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWD30090).

How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours of study to complete. Your total learning time is made up of contact time, directed learning tasks, independent learning and assessment activity.

See the Faculty workload statement relating to this unit for more information.

Assessment
The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit. The Board considers each student's outcomes across all the units which contribute to each year's programme of study. If you have self-certificated your absence from an assessment, you will normally be required to complete it the next time it runs (this is usually in the next assessment period).
The Board of Examiners will take into account any extenuating circumstances and operates within the Regulations and Code of Practice for Taught Programmes.

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