Introduction to English Law
Aim of the course
The course aims to provide an introduction to English law and the English legal system for Russian-qualified lawyers, with a particular emphasis on the law relevant for business transactions.
Starting with an introduction to the particular features of English law as a common law system, it will include a detailed review of contract law, company law, tort law, and the law of equity and trusts.
The course has a practical dimension: we will look at transaction documentation drawn from legal practice to illustrate the issues under discussion. The course will also cover dispute resolution in a transactional context.
Eligibility for the course
All students admitted to the Pericles LL.M. program are automatically eligible for the course. Other students may be admitted at the discretion of the Dean, Admissions Tutor or professor. All potential students are expected to have an advanced knowledge of spoken and written English.
Structure of the course
The course involves 24 contact hours, taught over twelve two-hour sessions in the evening (19:30 to 21:30, Moscow time), usually on Mondays but with several sessions on Fridays. The sessions will be primarily lecturer-driven, but may also involve practical exercises.
We will also consider the resolution of disputes (litigation and international commercial arbitration), looking in detail at how this works in practice.
We will cover regulation of the legal profession in England, the key professional ethical principles governing a lawyer’s practice - loyalty to clients, avoidance of conflicts of interest, confidentiality – and how these are managed by large international law firms.
·the formation of a contract (offer, acceptance, consideration, certainty);
·terms of a contract and the principles that courts apply in interpreting contracts;
·discharge of contracts and remedies for breach of contract;
·factors allowing escape from a contract (misrepresentation, mistake, duress, frustration, illegality).
We will review in detail several types of contract that are commonly used in business transactions – for example, confidentiality agreements and corporate guarantees.
We will consider how companies raise finance through equity and debt, and in particular the granting of security over company assets.
We will look at the special regulatory regime that applies to listed companies (including corporate governance codes), and some recent developments in relation to companies’ obligations (Bribery Act, Criminal Finances Act).
Course materials
In advance of each session I will provide readings, which will principally consist of relevant court judgements (“case law”) and articles written by law firms on particular issues.
Assessment will be on the basis of:
- exams: 90%. There will be a two-hour written exam, which will be blind graded, and will take place in the exam period in April 2025. In addition, there may be a mid-term written exam, to be taken at home during the March 2025 holiday period.
- class participation: 10%. Students will be expected to participate in class discussions. Prompt attendance is expected. If a student arrives late for a session by more than an hour, this will be considered absence for the entire session.
Course professor