Law

Credit Points

30

Course Coordinator

Ms Donna McKenzie Skene

Pre-requisites

N/A

Overview

The course aims to examine the law relating to domestic insolvency in selected jurisdictions, to assess what lessons for domestic insolvency law (if any) may be learned from these jurisdictions, to examine a number of topics in the field of international insolvency, to assess the potential impact of current initiatives in the international insolvency field on law and practice in the UK and internationally and to develop independent research skills and the ability to analyse complex material and to formulate an independent response to such material.

By the end of the course, students should:
* have a detailed knowledge and understanding of the theoretical and practical impact of the law in relation to the topics studied
* have developed independent research skills and
* have the ability to analyse complex legal materials and issues and to formulate an independent response to them.

Structure

Eight 2-hour seminars

Assessment

First Attempt: 1 x 1,000 word formative written assessment (which does not count towards the final assessment; 1x essay of 2,500 words (counting for 25% of the final assessment); 1 x 3-hour examination (counting for 75% of the final assessment)

Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Dr Ian Taggart

Pre-requisites

N/A

Overview

To develop a thorough and critical understanding of concepts, principles and institutions of international law relating to minorities, indigenous peoples, and self-determination of peoples.

In particular the course aims to enhance students’ knowledge and understanding of treaty norms, soft law norms, case law and academic writing on the rights of minorities, indigenous peoples and peoples in international law.

Students will be encouraged to develop legal reasoning skills, problem solving and the assessment of legal norms and theoretical questions relating to the rights of minorities, indigenous peoples and peoples in international law. In-depth and independent learning, research skills will be developed by undertaking an assessed research project.

Structure

There will be eight meetings of the class.

Assessment

First Attempt: One three hour examination (60%) and one 5000 word essay (40%).

Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Dr J Paterson

Pre-requisites

N/A

Notes

Overview

What is corporate governance and why does it matter?
Economic and socio-political perspectives on the firm and corporate governance.
self-regulating approaches to corporate governance - the growth of codes.
The recent reform agenda in the UK.
Current issues in corporate governance internationally (eg US).

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

First Attempt: One, 2,000-word essay (25%) and one three-hour written exam (closed book) (75%).
Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Greg Gordon

Pre-requisites

Only available to students registered on the LLM Oil & Gas Law programme

Overview

Indicative Syllabus:
• Joint Operating Agreements
• Property Law Implications of Oil & Gas Transportation
• Dispute Resolution
• Risk Allocation

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions

Assessment

First Attempt: One 2,000 word essay (25%) and one 3-hour written exam (closed book) (75%)
Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Dr Katarina Trimmings

Pre-requisites

N/A

Overview

• Origins of Private International Law

• Hague Conference on Private International Law

• Theory and Methods in Private International Law

• Conceptual Devices in Choice of Law: Classification, Renvoi and the Incidental Question
• International Mandatory Rules and Public Policy in Choice of Law

• European Union and the Development of Private International Law

• Challenges for Private International Law Today, including challenges posed on Private International Law by developments in the area of reproductive technologies

Structure

1 x introductory session, 7 x two hour seminars, 1 x concluding session.

Assessment

First attempt: 1 x three-hour written examination (75%) and 1 essay (25%)

Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Dr Liz Campbell

Pre-requisites

N/A

Co-requisites

This course will not be available during the 2011/2012 academic year.

Overview

The media and crime
Children, young people and crime
Mental illness and crime
Women and crime
Masculinities and crime
Victims of crime

Structure

1 x 1hr introductory lecture, 6 x 2hr seminars, 1 x 1hr revision class.

Assessment

First Attempt: 2 hour written examination (50%); 5,000 word essay (40%); Seminar presentation (10%, on a pass/fail basis).
Re-sit attempt: 3 hour examination.

Credit Points

10

Course Coordinator

Dr Catherine Ng

Pre-requisites

Admission to LLM by research or PhD.

Overview

This course engages Law Post-Graduate Research students with some overarching critical thinking and analytical tools which would inform the research, the research methodology, the structure, and the overall composition and specific write-up of their research projects. These tools would be developed and honed through series of class assignments, workshops, and class discussions. Students would be taken through the process of the derivation of thesis statements, working through literature review, the writing of abstracts, and (for PhD students) an initial write-up of a portion of their research project and a short presentation.

Structure

- compulsory attendance at six 2-hour fortnightly course seminars,
- presentation at the Core Skills Presentation Conference (compulsory for PhD candidates only, optional for LLM candidates),
- satisfactory completion of all class assignments, a capstone paper of approximately 10,000 words (PhD candidates only), and the form indicating an Intention to Present at the Core Skills Presentation Conference (presenters only),
- compulsory attendance at 3 additional research seminars and/or conferences selected by the candidate.

Assessment

Credit Points

30

Course Coordinator

Matyas Bodig

Pre-requisites

N/A

Overview

1. Introduction: Human rights in international relations
2. The liberal vision of international order: Rawls; theory of the 'law of peoples'
3. Global civil society and human rights
4. Economic globalisation and human rights
5. A case study: human rights and the oil and gas industry
6. Summary: human rights in comparative politics

Structure

1 introductory lecture, at least 5 seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

First Attempt: One 3000 word essay (30%) and one three-hour written exam (70%).
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Anatole Boute

Pre-requisites

This course is only available to students on the LLM Climate Change Law and Sustainable Development Programme

Overview

Climate change is perhaps the greatest challenge of our time and there is widespread agreement that the international community and nation states must act now to mitigate and adapt to the causes and consequences of climate change. The UK and Scottish approaches to climate change encompass the 'world leading' Climate Change Act 2008 and Climate Change (Scotland) Act 2009 and both have significant implcations for the development of law and policy across a range of sectors, including, importantly, the energy sector. The purpose of this course is to explore the law and policy framework for addressing climate change across international, European and national levels.

Structure

Teaching will be delivered through 5 discussion based seminars, an introductory overview class, presentation group meeting and presentation pratice class, presentation assessment class and a revision session (totalling 18 hours of contact time). The 5 two hour semiars will cover:

1. Sustainable development and climate change (AP)
2. UNFCCC Kyoto and beyond (AB)
3. European Climate Change Framework (AB)
4. UK Climate Change Framework(AP)
5. Climate change adaptation in land use and planning (Scottish case study) (AMS)

A crucial part of the course will be the 2 - 3 hour (depending on class numbers) presentation class at which the students will deliver their group oral presentations and two members of the teaching team will be present to access and give feedback on the presentations. Students will select their own topics for the presentation and these will be approved by the course coordinator at the start of the course.

In additon to the presentation assessment students will have an additonal 2 sessions of timetabled 'class time' (with staff present for some or all of the class) for presentation group meetings on the choice of topic and to practice for the assessed presentation and receive initial feedback from the course co-ordinator prior to the final oral assessment.

Assessment

Assessment: 60% examination, 10% assess group presentation and 30% individual 2500 word essay.

As with other similar LLM courses the presentations will be video recorded and copies of powerpoint presentations will be made available for external assessment.

The 3 hour examination will be based on the 5 seminars and students must answer 3 questions from a choice of 5.

Credit Points

30

Course Coordinator

Dr John Paterson

Pre-requisites

This course is NOT available to students registered on the LLM Oil & Gas Law programme.

Overview

- Licensing
- Production Sharing Agreements
- International Maritime Boundaries
- Joint Operating Agreements
- Risk Allocation
- Decommissioning of Offshore Installations

Structure

One introductory lecture, six fortnightly seminars and a concluding lecture/seminar drawing together the various themes and providing an opportunity for final discussions.

Assessment

First Attempt: One 2000 word essay (25%) and one 3-hour written exam (closed book) (75%).
Re-sit attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Irène Couzigou

Pre-requisites

This course is compulsory for students registered on the LLM International Law and Globalisation programme.

Overview

The course aims to analyse recent developments of public international law, with a special emphasis on evidentiary problems of state practice; it considers whether globalisation has given rise to problems which states are not able to regulate through custom or treaty, and whether soft law can be a substitute; the question is asked how far globalisation weakens the capacity of states taken together to regulate pressing issues of international society through traditional international law; examples of this problem area are international terrorism, nuclear weapons proliferation, ethnic conflicts, climate change. The course encourages the participant-student to think creatively as an international lawyer to resolve international contemporary dilemmas.

Structure

6 two hour seminars

Assessment

First attempt: Essay of 2,500 words (25%); examination of 3 hours (75%)
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Anne-Michelle Slater

Pre-requisites

N/A

Overview

Introduction
The theory of spatial planning regulation;
The International and European context;
Marine and Coastal Access Act 2009
Marine (Scotland) Act 2010
Marine Planning
Nature conservation and the ecosystem approach
Integrated coastal zone management and the relationship between terrestrial and marine planning
Student presentations
Revision

Structure

Eight two hour seminars, plus an introductory session, a revision session and student presentations

Assessment

First 1st Attempt: 1 three hour examination (70%) and continuous assessment (30%)
Re-sit Attempt: 1 three hour examination (100%)

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

N/A

Overview

x

Structure

Assessment

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

None.

Overview

Seminar topics have been chosen to give students a good knowledge of international commercial arbitration law. The topics covered will be:

(1) Introduction to International Commercial Arbitration
(2) The Role of the Seat
(3) Arbitration Agreement and Arbitral Jurisdiction
(4) Applicable Substantive Law
(5) The Arbitral Tribunal
(6) Arbitral Procedure and Evidence
(7) The Arbitral Award.

Structure

One two-hour introduction, seven two-hour lectures, one two-hour revision meeting and two hours of scheduled discussion groups.

Assessment

First attempt: 4000 word essay (40%) 4000 word essay (40%)
MyAberdeen Discussion Group (10% participation 10% contribution) (see teaching box above)

Resit: 1 three hour written examination (80%) (Previous MyAberdeen Discussion Group (10% participation 10% contribution).

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

None

Overview

Seminar topics have been chosen to give students a good knowledge of international commercial arbitration law. The topics covered will be:

(1) Introduction to International Commercial Arbitration
(2) The Role of the Seat
(3) Arbitration Agreement and Arbitral Jurisdiction
(4) Applicable Substantive Law
(5) The Arbitral Tribunal
(6) Arbitral Procedure and Evidence
(7) The Arbitral Award.

Structure

One two-hour introduction, seven two-hour lectures, one two-hour revision meeting and two hours of scheduled discussion groups.

Lectures will be recorded and made available to distance learning co-hort through MyAberdeen.

Assessment

First attempt: 4000 word essay (40%) 4000 word essay (40%)
MyAberdeen Discussion Group (10% participation 10% contribution) (see teaching box above).

Resit: 1 three hour written examination (80%) (Previous MyAberdeen Discussion Group (10% participation 10% contribution).

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

None.

Overview

Seminar topics have been chosen to give students a good knowledge of international commercial arbitration law. The topics covered will be:

(1) Introduction to International Commercial Arbitration
(2) The Role of the Seat
(3) Arbitration Agreement and Arbitral Jurisdiction
(4) Applicable Substantive Law
(5) The Arbitral Tribunal
(6) Arbitral Procedure and Evidence
(7) The Arbitral Award

Structure

One two-hour introduction, seven two-hour lectures, one two-hour revision meeting and two hours of scheduled discussion groups.

Assessment

First attempt: 4000 word essay (40%) 4000 word essay (40%)
MyAberdeen Discussion Group (10% participation 10% contribution) (see teaching box above).

Resit: 1 three hour written examination (80%) (Previous MyAberdeen Discussion Group (10% participation 10% contribution).

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

None.

Overview

Seminar topics have been chosen to give students a good knowledge of international commercial arbitration law. The topics covered will be:

(1) Introduction to International Commercial Arbitration
(2) The Role of the Seat
(3) Arbitration Agreement and Arbitral Jurisdiction
(4) Applicable Substantive Law
(5) The Arbitral Tribunal
(6) Arbitral Procedure and Evidence
(7) The Arbitral Award

Structure

One two-hour introduction, seven two-hour lectures, one two-hour revision meeting and two hours of scheduled discussion groups.

Lectures will be recorded and made available to distance learning co-hort through MyAberdeen.

Assessment

First attempt: 4000 word essay (40%) 4000 word essay (40%)
MyAberdeen Discussion Group (10% participation 10% contribution) (see teaching box above).

Resit: 1 three hour written examination (80%) (Previous MyAberdeen Discussion Group (10% participation 10% contribution).

Credit Points

15

Course Coordinator

Dr Catherine Ng

Pre-requisites

Registration on any PG Cert Law , PG Dip Law or LLM programme.

Notes

Overview

Lectures:
1. Induction (1 hr)
2. Information Retrieval (2 hrs)
3. Critical Thinking (2 hrs)
4. Argument Construction – an anatomy (2 hrs)
5. Legal Scholarship (2 hrs)

The contents of lectures may shift to suit student needs at each particular session.

Workshops:
1. Library retrieval tools (3 x 2 hr)
2. Avoiding Plagiarism (2 hr)

Tutorial: deriving a thesis statement (1 hr/group)

Structure

5 lectures, 9 hours in total; 4 2 hour workshops; 1 1 hour tutorial.

Assessment

First attempt: Assessment will be based upon course attendance and submission of a compulsory 500-word written exercise. All students will have to satisfactorily attend all lectures and workshops, and complete all assignments (counting and non-counting) in the same half session in which they register (see point 22).

The course will be assessed on a pass/fail basis only.

Resit: Re-attendance of course in the following half session.

Credit Points

30

Course Coordinator

Dr Christa Roodt

Pre-requisites

N/A

Overview

• Jurisdiction: EU and global/third states
• Choice of court clauses: EU and global/third states
• International Commercial Arbitration and arbitration clauses
• Conflicts of jurisdiction in International Commercial Arbitration
• Forum-shopping: EU and global
• Practical drafting issues

Structure

6 two hour seminars together with an introduction and revision meeting.

Assessment

First Attempt: 1 three hour written examination (75%); continuous assessment (25%). Format of essay is 2500 words excluding footnotes and bibliography.
Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Dr A Brown

Pre-requisites

N/A

Overview

The course considers key issues relating to international property law which may vary from year to year consistent with the legal and social evolution of the field; the course will explore copyright, patents, designs, their relationship with regional and international treaties and international organisations; key themes will be drawn together in a practical presentation session.

Structure

10x2 hour seminars, weekly unless otherwise arranged, including induction session and revision session.

Assessment

First Attempt: 90% 3-hour examination and 10% oral presentation.
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Jonathan Fitchen

Pre-requisites

N/A

Overview

The course will consider the following general issues but will reflect such specific and topical issues as may emerge from current Competition Law practice.

1. The purpose of Competition Law and its theoretical justification in European and US Laws.
2. Article 101 TFEU the anti-cartel provision of European Competition Law.
3. Article 102 TFEU the anti-monopoly / anti-abuse provision of European Competition Law.
4. Merger Control in the European Union.
5. The enforcement of Competition Law by the European Commission (including the European Leniency and Settlement Programmes).
6. The legal issues arising from the private enforcement of European Competition Law before national courts.

Structure

1 one hour introductory lecture and 6 two hour lectures plus 6 two hour seminars.

Assessment

First attempt: 3 hour examination.

Re-sit attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Prof Peter Duff

Pre-requisites

N/A

Overview

Various topics in criminal justice, for instance: prosecution systems, the role of the victim, the position of the accused, plea-bargaining, appeals, modelling criminal justice systems.

Structure

1x introductory session, 6 two hour seminars devoted to specific topics, one or two informal one-hour meetings for general discussion, 1 x round-up session.

Assessment

First Attempt: One two hour written examination (67%) and one 3,000 word essay (33%).

Re-sit Attempt: 2 hour examination.

Credit Points

30

Course Coordinator

Prof John Paterson

Pre-requisites

N/A

Overview

The content of the course may vary from year to year to reflect emerging issues, but the following is an indication of the sorts of topics to be covered.

1. Energy security – international agreements
2. Petroleum Licensing
3. Production Sharing Agreements - overview
4. Production Sharing Agreements – specific issues (eg fiscal, dispute resolution, etc.)
5. Technical Service Agreements
6. International maritime boundaries and Joint Development Agreements

Structure

Two introductory lectures courses, at least six seminars, and a revision/exam technique session.

Assessment

First Attempt: One 2,000 word essay (25%) and one three-hour written examination (75%)

Re-sit Attempt: 3 hour examination

Credit Points

30

Course Coordinator

Dr Anatole Boute

Pre-requisites

This course is only available to students on the LLM Climate Change Law and Sustainable Development Programme.

Overview

This course will examine the regulatory framework developed at the international, European and national level to combat climate change, including:

- the United Nations Framework Convention on Climate Change and the Kyoto Protocol;
- the creation of a “post-2012” climate change regime;
- the interrelation between sustainable development and international climate law;
- the European Emissions Trading Scheme and climate policy; and
- the UK and Scottish approaches to climate change mitigation.

Structure

5 two hour seminars, as well as introduction and revision classes, and three presentation-related meetings/classes.

Assessment

First Attempt: One three-hour written examination worth 60%, and a presentation element worth 40% (of which 10% will comprise a group presentation and 30% a piece of individual written work on the presentation topic).

Re-sit Attempt: 3 hour examination.

Credit Points

15

Course Coordinator

Dr Karen Fullerton and George Esson

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course aims to develop knowledge and understanding of basic domestic and commercial conveyancing transactions including the purchase, sale and leasing of residential and commercial properties sufficient to satisfy the mandatory outcomes in relation to Conveyancing and the appropriate elements of Tax and the core outcomes of Professionalism, Professional Communication and Professional Ethics and Standards prescribed by the Law Society of Scotland.
The course will adopt a transaction based approach to Conveyancing and the course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course will cover: registration of title system in general and specific aspects of registration of title in particular; the steps involved in selected types of conveyancing transaction; particular issues raised by specific types of conveyancing transaction; selected aspects of leases and related matters including tax, ethical, practice management and client care aspects of conveyancing. Key conveyancing skills will also be covered such as communication with clients, drafting, negotiation, and transaction based research.

Structure

One two hour seminar per week Wednesday 11-1. The course will also include a visit to the Aberdeen Solicitors Property Centre.

Assessment

The assessment consists of five elements as follows: (1) draft qualified acceptance (30%); (2) revision of draft dispositions and drafting letter (20%); (3) draft company/charges searches and standard security and Form MG01s (20%); (4) draft disposition and reflective account of negotiation exercises (30%);(5) participation and professionalism (pass/fail). Students must pass all 5 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 4 elements of assessment.

Credit Points

15

Course Coordinator

Dr Karen Fullerton and George Esson.

Pre-requisites

A degree in law from a Scottish university or equivalent containing in the exempting professional subjects

Notes

Overview

The course aims to develop knowledge and understanding of investments and tax planning as they relate to Private Client and to develop the practical skills of taking instructions, preparing testamentary and intestate documents, explaining the implications of the law of intestate succession, administering executries and trusts and drafting appropriate documentation in relation to incapacity sufficient to satisfy the mandatory outcomes in relation to Private Client and the appropriate elements of Tax and the core outcomes of Professionalism, Professional Communication and Professional Ethics and Standards prescribed by the Law Society of Scotland.
The course will adopt a transaction based approach to Private Client and the course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course will cover: taking instructions for a will; drafting testamentary documentation; practical issues concerning intestacy; executry administration; trusts; incapacity; investment and tax planning advice; and related matters including tax, ethical, practice management and client care aspects of Private Client. Key Private Client skills will also be covered such as communication with clients, drafting and transaction based research.

Structure

One two hour seminar per week Thursday 1-3.

Assessment

The assessment consists of six elements as follows: (1) draft a will and accompanying letter (20%); (2) draft three initial writs and a style business letter (15%); (3) online completion of C1 and IHT 400 forms (25%); (4) draft guardianship documentation (20%); (5) client interview (20%); (6) participation and professionalism (pass/fail). Students must pass all 6 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 5 elements of assessment.

Credit Points

15

Course Coordinator

Professor Margaret Ross

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects.

Notes

Overview

The course aims to develop advocacy skills and to develop knowledge and understanding of the Criminal Legal Aid scheme, the rules of criminal procedure and appeal routes, the funding of civil procedure, the concepts of specification and relevancy in civil procedure, Court of Session procedure and processes, actions competent in the sheriff court and appeal routes and settlement issues sufficient to satisfy the mandatory outcomes in relation to Litigation and the appropriate elements of Tax and the core outcomes of Professionalism, Professional Communication and Professional Ethics and Standards prescribed by the Law Society of Scotland.
The course will adopt a transaction based approach to Litigation and the course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course will cover: the Criminal Legal Aid scheme, the rules of criminal procedure and appeal routes, the conduct of pleas in mitigation, intermediate diets and trials, the funding of civil procedure, the concepts of specification and relevancy in civil procedure, Court of Session procedure and processes, actions competent in the sheriff court and appeal routes, client interviews, drafting pleadings, the conduct of an options hearing and a proof, settlement issues and related matters including tax, ethical, practice management and client care aspects of litigation. Key litigation skills will also be covered such as communication with clients, drafting, advocacy, and transaction based research.

Structure

One three hour seminar per week Wednesday 2-5. [4 out of the 12 weeks will only be 2 hours] The course will also include a SLAB workshop and Q & A session, a three hour supervised role play exercise and 2 lectures.

Assessment

The assessment consists of nine elements as follows: (1) two letters to PF (10%); (2) advocacy skills over the 3 trials (20%); (3) criminal court procedure report (20%); (4) client letter on funding and jurisdictional issues (10%);(5) quiz on procedure 5%; (6) defences (20%); (7) advocacy skills in proof (15%); (8) submission of the case file (pass/fail). (9) participation and professionalism (pass/fail). Students must pass all 9 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 7 elements of assessment.

Credit Points

15

Course Coordinator

Dr Karen Fullerton

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course aims to develop knowledge and understanding of business and financial awareness, practice awareness and the ethical framework within which solicitors operate sufficient to satisfy the mandatory outcomes in relation to Business, Financial & Practice Awareness and the appropriate elements of Tax and the core outcomes of Professionalism, Professional Communication and Professional Ethics and Standards prescribed by the Law Society of Scotland.
The course will adopt a transaction based approach to business and financial awareness, practice awareness and the development of ethical practice. The course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course is divided into two parts. Part 1 will cover: business structures and investment; the regulatory and fiscal framework within which business operates; a team working exercise which involves the set-up of a virtual law firm and construction of key business and practice policies and documentation; an investment game which runs throughout the first part of the course where each student manages a share portfolio; management of time and risk capability in legal transactions/matters; company accounts analysis; loan finance; financial advice for companies and individuals including the tax implications; financial services such as mortgages, insurance and pensions. Part 2 will cover: the ethics of creating and managing a client relationship; confidentiality and conflict; and duties and discipline. Key skills will also be covered such as communication with clients, team working, drafting, and transaction based research.

Structure

One two hour seminar per week Friday 9-11.

Assessment

The assessment consists of thirteen elements as follows: (1) partnership agreements (10%); (2) accounts analysis (10%); (3) Client presentation (10% joint mark); (4) group working exercise which comprises submission of Minutes (5% joint mark) and individual reflective report on group working (5%); (5) sole trader advice letter (10%); (6) report to partner (10%); (7) submission of documentation on the investment game (10%); (8) letter providing advice on an ethical problem (10%); (9) quiz on regulatory framework (5%); (10) reflective report on ethics (15%); (11) online money laundering assessment which is assessed on a pass/fail basis; (12) reflective logbook (pass/fail); (13) participation and professionalism (pass/fail). Students must pass all 13 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 10 elements of assessment.

Credit Points

30

Course Coordinator

Dr Christopher Kee

Pre-requisites

N/A

Overview

The course will begin with a consideration of the institutional history of the WTO and of the historical development and theoretical underpinnings of the GATT. The nature of the WTO and its norms will be considered and critically assessed. The course will then consider the core principles of the GATT, the principle exceptions to those core principles and the theoretical bases for such exceptions. Paticular attention will be given to the interaction between trade law and other matters of international concern, and the "trade and...." controversies-trade and the environment, trade and human rights, trade and labour rights, trade and culture-will be considered. Time permitting, consideration will be given to the expansion of the WTO norms into new areas such as trade in services and trade and intellectual property rights, and to the nature of dispute resolution in the WTO.

Structure

Seven/eight fortnightly two-hour seminars.

Assessment

First Attempt: Assessed coursework (one 4,000 word essay), 40%; a three-hour degree exam, 60% (open book)

Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Christa Roodt

Pre-requisites

N/A

Overview

Liability of vendors and purchasers for tracing illicit antiquities and liability of vendors and auction houses for attributions; liability of vendors and auction houses for attributions; art loans and anti-seizure provisions; Passing of title to stolen art: limitation and restitution; treasure trove in Scots Law, noting the position of English law; Nazi-spoliated art: Arbitration and negotiated return.

Structure

One introductory session
6 x two-hour seminars
One revision class

Assessment

First attempt: 2-hour examination -- 50%
Class essay (5000 words maximum) -- 50%
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Aylwin Pillai

Pre-requisites

N/A

Overview

This course will examine the different theoretical approaches to environmental regulation, including:
* The precautionary principle
* The Polluter-pays principle
* The preventive principle

It will also consider different regulatory techniques, such as:
* Civil liability
* Command and control techniques
* Economic instruments
* Negotiation and agreements

Structure

Six 2-hour seminars

Assessment

First Attempt: One three-hour written examination worth 60%, and a presentation element worth 40% (of which 10% will comprise a group presentation and 30% a piece of individual written work on the presentation topic).
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Tom Burns

Pre-requisites

N/A

Overview

-Comparative company law in the context of globalisation
-The parameters of comparative company law
-A comparative review of selected national company laws
-Limits to limited liability: a comparative review of the rules on lifting the veil of incorporation
-A comparative study of directors’ duties
-The multinational company.

Structure

1 x introductory session; 7 x two hour seminars and 1 x concluding/revision seminar.

Assessment

First attempt: 1 x 3,000-word essay worth 25% and a final 3-hour exam worth 75%.

Resit: 3 hour examination.

Credit Points

30

Course Coordinator

Professor Florian Becker

Pre-requisites

N/A

Notes

Overview

Constitutional framework of the EU intervening into the economic system; basic assumptions on the relationship of state(s) and economic systems; fundamental rights and freedoms (of services, goods and capital) as a framework of economic activity; selected topics of EU economic law: state aids, state owned companies, public procurement; economisation of other areas of EU-law (e.g. environmental law).

Structure

1 introductory class, 6 two hour seminars, 1 revision class.

Assessment

First Attempt: One 4000 word essay (40%); one 3-hour written examination (60%)
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Irène Couzigou

Pre-requisites

N/A

Notes

Overview

The course aims to analyse how public International Law regulates the use of force. It will ffirst analyse the fundamental principle of the prohibition of the use of force between States. It will then examine the current exceptions to this principle; further what types of arguments States tend to use to “justify” the use of force in international relations and how international legal scholars have addressed this issue. The course will also study how the international community has reacted to the most recent cases involving the use of force on the international plain (in particular the Afghanistan, Iraq, Kosovo and Libya cases) and the implications are for the evolution of international law in the field of recourse to force. Finally, the course will consider the limits of the legal standards concerning the use of force in the search for a non-violent future.

Structure

6 two hour seminars

Assessment

First attempt: Essay of 2,500 words (20%); examination of 3 hours (80%)
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Catherine Ng

Pre-requisites

N/A

Overview

This course takes a critical view of the developments, within their commercial and social contexts, of trade mark laws, both statutory and common law. Among the issues addressed are how these developments in the laws have been influenced by commercial concerns, and how these developments have been influential to brand development within the commercial sector and public discourse. The course will also attempt to trace the trajectory of future developments in the laws and considers the boundaries which should and which currently do define these laws.

Structure

Six 2-hour fortnightly seminars

Assessment

First Attempt: 1 assessed essay of no more than 2500 words (25%); 1 three hour written examination (75%)
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr. Sophia Tang

Pre-requisites

N/A

Overview

This course will give students an understanding of the choice of law issues that are relevant in international business transactions. Topics covered include:
1. theoretical concepts
2. party autonomy in contracts
3. absence of choice
4. choice of law in delict.

Structure

One introductory session
6 x two-hour seminars
One revision class.

Assessment

First attempt: One three-hour written examination (75 %); continuous assessment (25 %). Class essay 2500 words in length (word limit excludes footnotes and appendices).
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Aylwin Pillai

Pre-requisites

N/A

Overview

Seminars cover:
Sustainable development as a principle of international environmental law: origins, interpretation and legal status

Compatibility or conflict: Sustainable development and environmental justice

Legislating for sustainable development (examples may be developed from the EU, UK and / or Scotland in up to 3 separate seminars)

Sustainable development, land reform and land redistribution

Structure

1 two hour introductory lecture, 5 two hour seminars, at least 1 two hour presentation preparation class, 1 two hour presentation assessment class, 1 two hour revision seminar.

Assessment

First Attempt: 1 two hour examination (50%); group presentation (20%); 3500 word assessed essay (30%).
Re-sit Attempt: one two-hour examination (100%).

Credit Points

30

Course Coordinator

Tom Burns

Pre-requisites

N/A

Notes

Overview

The course content will include legal aspects of the following:

SHARE CAPITAL

Allotted capital
Rights attaching to shares
Legal nature of shares
Types of shares
Classes of shares (including golden shares)
Variation of class rights

Maintenance and reduction of capital
Financial assistance

Raising finance from the capital markets
Overview of the markets (LSE, AIM, PLUS)
Initial public offers (IPOs)
Rights issues
Impact of EC Law (e.g. Prospectus Directive, etc)
Market abuse and insider dealing

Retained profits & profit distribution:
The law on Distributions
Share buy-backs
"Short-termism" and under-investment

LOAN CAPITAL

Topics to be covered:
General considerations of debt finance (such as the forms it can take, like overdrafts, term loans, factoring etc)
Secured debt (fixed and floating charges)
Warranties and covenants (consideration of recent trends towards so-called "cov-lite" loans and the implications for this in terms of liquidity and insolvency)
Subordinate debt arrangements
Long term debt finance (securitisation)

Hybrids (An examination of the controversy over how these should be categorised. Are they debt or equity?):
Convertibles/convertible bonds
Subordinated debt/bonds
Preference shares

Structure

A mix of lectures and seminars over the 16 timetabled teaching sessions.

Assessment

1st attempt: One 5,000 word essay (50%) and one 2 hour exam (50%).

Resit: As above, one resit attempt to be permitted and taken at the next available exam diet.

Credit Points

30

Course Coordinator

Dr Catherine Ng

Pre-requisites

N/A

Overview

This course considers how the intellectual property right and the human right approaches may conflict with or complement each other, and how they may help or hinder global and regional development. Topics may vary from year to year and may include access to medicine, the exploitation of traditional medical knowledge, the access to educational materials, the exploitation of folklore and designs, and the use of geographical indications for trade.

Structure

Six 2-hour fortnightly seminars.

Assessment

First Attempt: 1 assessed essay of no more than 2500 words (25%); 1 three hour written examination (75%)
Re-sit attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Professor John Paterson

Pre-requisites

N/A

Overview

What is corporate governance and why does it matter.
Economic and socio-political theories of the firm and corporate governance.
The private sector dimension of corporate governance - the growth of codes.
Company Law reform and corporate governance in the UK.
The Sarbanes-Oxley Act and corporate governance in the US.
Corporate governance in the aftermath of the financial crisis.

Structure

One introductory lecture, six fortnightly lectures on specific topics and a concluding lecture drawing together the various themes and providing an opportunity for final discussions. The precise format of small group teaching will be determined by class size.

Assessment

One three-hour written examination worth 100%

Credit Points

Course Coordinator

Anatole Boute

Pre-requisites

This course is available to students on the LLM Oil and Gas Law and LLM Climate Change Law and Sustainable Development Programme

Overview

Electricity and natural gas are network-related industries. The supply of these energy sources to end consumers therefore presents specific regulatory challenges. These challenges are of particular importance in the context of the liberalisation of these sectors, i.e. the restructuring of these industries from monopolies to competitve markets. Will liberalised electricity and gas markets ensure security and reliability of energy supply? Will consumers be adequately protected against potential abusive behaviour of dominant market players? Is liberalisation compatible with the objectives of decarbonisation and environmental protection? The purpose of this course is to explore the law and policy framework governing energy supply in a liberalised market environment. Special attention is paid to the liberalisation experience in the European Union and Russia (case studies).

Structure

Teaching will be delivered through 6 discussion based seminars, an introductory overview class, presentation group meeting, presentation assessment class and a revision session (totalling 20 hours of contact time).

The first class will give an overview of the course and introduce the concept and objectives of liberalisation by looking at the experience in the European Union and Russia. the 6 two hour seminars will cover:
1, The priciples of non-discriminatory third party access to the network and unbundling (AB)
2. Regulatory authorities in liberalised electricity and gas markets (AB)
3. The regulation of security of energy supply in a liberalised market environment (AB)
4. Consumer protection in a liberalised market environment (AB)
5. Environmental protection in liberalised electricity and gas markets (AB)
6. Downstream energy contracts and the regualtion of energy exchange platforms (AB)

A crucial part of the course will be the 2 - 3 hour (depending on class numbers) presentation class at which the students will deliver their group oral presentations and two members of the teaching team will be present to assess and give feedback on the presentations. Students will select their own topics for the presentations and these will be approved by the course co-ordinator at the start of the course.

In addition to the presentation assessment students will have an additional 2 sessions of timetabled 'class time' (with the staff present for some or all of the class)for presentation group meetings on the choice of topic and to practice for the assessed presentation and receive initial feedback from the course co-ordinator prior to the final oral assessment.

Assessment

Assessment: 60% examination, 10% assessed group presentation and 30% individual 2500 word essay.

As with other similar LLM courses the presentation will be video recorded and copies of powerpoint presentations will be made available for external assessment.

The 3 hour examination will be based on the 6 seminars and students must answer 3 questions from a choice of 5.

Credit Points

30

Course Coordinator

Professor John Paterson

Pre-requisites

N/A

Overview

• What is corporate governance and why does it matter?


• Economic and socio-political theories of the firm and corporate governance


• The private sector dimension of corporate governance - the growth of codes


• Company Law reform and corporate governance in the UK


• The Sarbanes-Oxley Act and corporate governance in the US


• Corporate governance in the aftermath of the finacial cirsis

Structure

One introductory lecture, six fortnightly lectures on specific topics and a concluding lecture drawing together the various themes and providing an opportunity for final discussuions. The precise format of small group teaching will be determined by class size.

Assessment

One three-hour written examination worth (100%)

Credit Points

30

Course Coordinator

Anatole Boute

Pre-requisites

None

Overview

The rapid increase in the number of arbitral awards in recent years has highlighted the challenge for host states of creating an attractive investment climate and at the same time safeguarding sufficient regulatory space to pursue public policy objectives. The complex interaction between foreign investment protection and the regulatory sovereignty of states has been most acute in the energy sector. Energy investments are capital intensive and characterized with a long-term pay-back period. Investors therefore require strong guarantees that states will respect the “rules of the game” that constitute the basis of their investments. On the other hand, states are tempted to interfere with foreign energy investments because of their particular strategic and social importance. The purpose of this course is to explore the complex interaction between foreign investment protection and states’ regulatory sovereignty in international investment arbitration cases concerning the energy sector. This course aims to analyse if existing investment protection standards are adapted to the specific regulatory and political risks that investors face in the energy landscape of the 21st Century.

Structure

One two-hour introduction, seven two-hour seminars, one two-hour revision meeting and two one-hour moot sessions.

Assessment

First attempt: 50% 3 hour examination and 50% individual 4000 word essay.
Resit: 1 three hour written examination (100%).

Credit Points

30

Course Coordinator

Dr Jonathan Fitchen

Pre-requisites

N/A

Overview

The course will consist of the following topics:-
1) The sources of International Trade Law and the legal issues arising for buyer and seller in an international sale of goods transaction,
2) The Sale of Goods Act 1979 (as amended) and the United Nations Convention on Contracts for the International Sale of Goods (CISG),
3) Trade Terms / Incoterms and documentary sales,
4) International Documentary Letters of Credit,
5) International Commercial Litigation in the Sale of Goods context,
6) International Commercial Arbitration in the Sale of Goods context.

Structure

1 one and a half hour introductory lecture followed by 6 two hour seminars and concluding with 1 two hour revision session.

Assessment

First Attempt: 100% 3 hour open folder examination.
Re-sit Attempt: 100% 3 hour open folder examination.

Credit Points

30

Course Coordinator

Professor Paul Beaumont

Pre-requisites

N/A

Overview

A clear overview of the successful family law conventions made at the Hague Conference on Private International Law. An analysis of the working methods of the Hague Conference in making, reviewing and helping to ensure uniform interpretation of Conventions. An overview of the EU Regulations on private international law of family law and a good understanding of the EU’s role in making, reviewing and helping to ensure uniform interpretation of EU Regulations on private international law of family law. A thorough knowledge of the Hague Conventions on child abduction (1980), intercountry adoption (1993) and maintenance (2007). A thorough knowledge of the Brussels IIbis Regulation as it relates to child abduction and of the EU Maintenance Regulation. A good understanding of private international law relating to surrogacy with an international element.

Structure

One two hour seminar per fortnight plus a two hour introductory seminar and a two hour revision seminar.

Assessment

First Attempt: 1 three hour written exam (75%); 1 3000 word essay (25%).
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Mátyás Bodig

Pre-requisites

N/A

Overview

- General Introduction to International Human Rights Law
- Enforcement Mechanisms in International Human Rights Law
- Civil and Political Rights I (Torture)
- Civil and Political Rights II (Freedom of Religion)
- Economic and Social Rights I (The Issue of the Justiciability of Economic and Social Rights)
- Economic and Social Rights II (Human Rights and the Issue of Poverty)
- Third Generation Rights (Right to Self-Determination)

Structure

1x introductory session, 7 x two hour seminars, 1 x concluding session.

Assessment

First Attempt: 70% 3-hour examination; 30% continuous assessment (3.000 word essay on topical issues in international human rights law)
Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Professor Pete Duff

Pre-requisites

N/A

Overview

Various major topics in criminal evidence, for instance: expert evidence; hearsay; the right to confrontation; corroboration; similar facts evidence; vulnerable witnesses; reverse presumptions.

Structure

1x introductory session, 6 two hour seminars devoted to specific topics, one or two informal one-hour meetings for general discussion, 1 x round-up session.

Assessment

First Attempt: One two hour written examination (67%) and one 3,000 word essay (33%).
Re-sit Attempt: 2 hour examination.

Credit Points

30

Course Coordinator

Dr Jonathan Fitchen

Pre-requisites

None.

Overview

The course will consist of the following topics:-
1) The contract of affreightment,
2) Charterparties – Demise Charterparties, Voyage Charterparties and Time Charterparties,
3) Bills of Lading – operation / legal issues (also a bit on Waybills) ,
4) Comparing the mandatory rules provided by the Hague Rules, the Hague-Visby Rules and the Hamburg Rules,
5) The impact of the Rotterdam Rules,
6) International Commercial dispute resolution, Arbitration and Litigation.

Structure

1 one and a half hour introductory lecture followed by 6 two hour seminars and concluding with 1 two hour revision session.

Assessment

First attempt: 100% 3 hour open folder examination.
Resit: 100% 3 hour open folder examination.

Credit Points

30

Course Coordinator

Emre Usenmez

Pre-requisites

None.

Overview

The course will cover the theoretical underpinnings of upstream taxation with a focus on economic rent. It will then look at the varying applications of that theory first within the contractual arrangements (ie. Production Sharing Agreements) with a focus on applicability of royalties, bonus payments, cost oil, and profit oil splits; then second in the UK Continental Shelf, where the focus will be on Petroleum Revenue Tax, Ring Fence Corporation Tax, and Supplementary Charge.

Structure

3 two-hour lectures and a 1 one-hour lecture including introduction and exam revision, plus 6 two-hour seminars and 1 two-hour in class assessment and exercise.

Assessment

First Attempt: 1 one-hour in-class examination (30%); 1 two-hour final examination (70%).

Re-sit Attempt: 2 hour examination.

Credit Points

30

Course Coordinator

Dr Anatole Boute

Pre-requisites

This course is available to students on the LLM Oil and Gas Law and LLM Climate Change Law and Sustainable Development Programme.

Overview

Electricity and natural gas are network-related industries. The supply of these energy sources to end consumers therefore presents specific regulatory challenges. These challenges are of particular importance in the context of the liberalisation of these sectors, i.e. the restructuring of these industries from monopolies to competitive markets. Will liberalised electricity and gas markets ensure security and reliability of energy supply? Will consumers be adequately protected against potential abusive behaviour of dominant market players? Is liberalisation compatible with the objectives of decarbonisation and environmental protection? The purpose of this course is to explore the law and policy framework governing energy supply in a liberalised market environment. Special attention is paid to the liberalisation experience in the European Union and Russia (case studies).

Structure

Teaching will be delivered through 6 discussion based seminars, an introductory overview class, presentation group meeting, presentation assessment class and a revision session (totalling 20 hours of contact time).

Assessment

First attempt: 60% 3 hour examination, 10% assessed group presentation and 30% individual 2500 word essay.

Resit: 3 hour examination.

Credit Points

30

Course Coordinator

Dr A Brown

Pre-requisites

N/A

Overview

To explore legal principles relevant to commercialising innovation, with regard also to commercial and social factors; particular focus will be placed on intellectual property, laws relevant to information control, licensing and litigation, European and international restrictions and requirements regarding intellectual property, and to new business models and the energy sector.

Structure

9x2 hour seminars, weekly unless otherwise arranged, including induction session and revision session.

Assessment

First attempt: 70% 3 hour examination and 30% essay.

Resit: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Ian Taggart

Pre-requisites

N/A

Overview

The development and ambit of international criminal law

Crimes against International Law - Individual responsibility, immunities and defences

Extradition and Mutual Legal Assistance

Alternatives to Extradition and Mutual Assistance

Genocide and Crimes against Humanity

Crime of Aggression

War Crimes

Prosecution of International Crimes.

Structure

1 one hour introductory lecture.

8 two hour seminars each generally occur fortnightly.

1 one hour revision lecture.

Assessment

First Attempt: 1 two hour written examination (50%) and 1 assessed essay (50%)

Re-sit Attempt: 2 hour examination.

Credit Points

30

Course Coordinator

Emre Usenmez

Pre-requisites

N/A

Overview

The course will begin with discussing some of the relevant regulatory theories. Once the theoretical foundations are discussed the course will examine the applications of those theories within the offshore upstream sector. As such, the course will cover the regulations surrounding those issues on access to infrastructure, decommissioning, health and safety, and environment. The course will also look at those initiatives the government has taken that have a regulatory effect.

Structure

2 two-hour lecture and a 1 one-hour lecture first week as introduction. Thereafter, combination of lectures and seminars totalling 4 two-hour lectures including exam revision, and 5 two-hour seminars.

Assessment

First Attempt: 1 three-hour examination (75%); 1,000–2,000-word written assessment with practice focus (20%); in-class presentation (5%).

Re-sit Attempt: 3 hour examination.

Credit Points

30

Course Coordinator

Dr Aylwin Pillai

Pre-requisites

N/A

Overview

Seminars will examine: the challenges to the support of renewable energy under the international climate change framework; the promotion of renewable energy under EU law; the place of renewable energy in liberalised energy markets; support mechanisms for renewable energy in developing economies; and the UK and Scottish support mechanisms for renewable energy. The final seminar will provide a case study on the development consent processes for renewable energy in Scotland.

Structure

An introductory lecture (one hour), 5 two hour seminars, 1 two hour lecture, 1 three hour presentation assessment class and a revision session (one hour).

Assessment

First Attempt: 2 hour exam
(50%); 2,500-word essay (30%); and group presentation (20%). Re-sit Attempt: 3 hour examination.

Credit Points

15

Course Coordinator

Professor Margaret Ross

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects;

Co-requisites

The course is only open to students taking the Diploma in

Notes

Overview

The course aims to build upon the knowledge and experience of civil court contexts that students have acquired through the core Litigation course, to develop and enhance the skills involved in preparing and presenting written pleadings and to develop and enhance the advocacy skills required in civil litigation
The course will adopt a transaction based approach to civil litigation and build on the knowledge and experience students gained from the core Litigation course. The course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course will cover: the conduct of 2 case scenarios which will involve preparation and conduct of both a debate and a proof; client interviews; precognition taking; preparation and conduct of different types of civil pleadings; students will practice by role play the skills required to prepare and conduct civil cases in the sheriff court; summary cause and small claims procedures.

Structure

One two hour seminar per week [one three hour session].

Assessment

The assessment consists of ten elements as follows: (1) adjustments to the initial writ (10%); (2) letter to client (5%); (3) advocacy skills in a debate (15%); (4) reflective court report (15%); (5) initial writ (15%); (6) affidavit (5%); (7) letter to client (10%); (8) Joint Minute (5%); (9) advocacy skills in a proof (20%); (10) participation and professionalism (pass/fail). Students must pass all 10 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 9 elements of assessment.

Credit Points

15

Course Coordinator

Donna McKenzie Skene, Vicky Corley

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course aims develop knowledge and understanding of the practical workings of contract law.
To develop the skills involved in taking instructions and turning them into a contract, drafting, negotiation, interpreting contracts, analysing key risk areas in relation to both technical and legal matters and identifying the differences between Scottish and English contracts.

The course will adopt a transaction based approach to contracts and the course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course will cover: contractual drafting; contracts of sale; consumer contracts; Heads of Terms and offers; common law and implied terms; LOGIC contracts; Transfer of Undertakings (Protection of Employment) Regulations 2006; intellectual property; warranties and indemnities; Bribery Act 2010; assignation, assignment, innovation and variations; exiting commercial contracts. Key skills will also be covered such as communication with clients, analysing key risk areas in relation to both technical and legal matters, drafting, negotiation, and transaction based research.

Structure

One two hour seminar per week.

Assessment

The assessment consists of seven elements as follows: (1) revisals to terms and conditions (20%); (2) offer letter based in the Heads of Terms (20%); (3) letter of advice (20%); (4) revised indemnities (group mark 15%); (5) reflective exercise on the experience of negotiation (5%); (6) a side letter (20%); (7) participation and professionalism (pass/fail). Students must pass all 7 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 6 elements of assessment.

Credit Points

15

Course Coordinator

Donna McKenzie Skene and David McEwing

Pre-requisites

A degree in law from a Scottish university or equivalent containing in the exempting professional subject.

Notes

Overview

The course aims to develop an understanding and appreciation of the practical aspects of corporate acquisition and corporate finance, to develop knowledge and understanding of company administration and business realities and to develop the skills involved in handling corporate clients, taking clear instructions, drafting, group working and negotiation.

The course will adopt a transaction based approach to Corporate Finance and Acquisition and the course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course will cover: a role play scenario where students will work in groups acting for the purchaser and seller throughout the key stages of an acquisition transaction; drafting preliminary documentation; creation of a company as an acquisition vehicle; financial aspects of the deal; diligence and disclosure; the Share Purchase Agreement; the completion process including a mock completion meeting and post completion matters. Key skills will also be covered such as communication with clients, drafting, negotiation, and transaction based research.

Structure

One two hour seminar per week.

Assessment

The assessment consists of eight elements as follows: (1) e-mail note to client attaching the revised heads of terms and summarising the revisals made and any implications (10% group mark); (2) amendments to shareholders agreement (15%); (3) marked up banking documentation with a summary note and a reflective account of the negotiation process (20%); (4) e-mail note to client (15%); (5) Disclosure Letter and Share Purchase Agreement (10% group mark); (6) a reflective account of agreement process (10%); (7) reflective account of the completion process (20%); (8) participation and professionalism (pass/fail). Students must pass all 8 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 7 elements of assessment.

Credit Points

15

Course Coordinator

Professor Margaret Ross

Pre-requisites

A degree in law from a Scottish university or equivalent containing in the exempting professional subjects

Co-requisites

The course is only open to students taking the Diploma in Professional Legal Practice programme who have obtained passes in the core courses on the programme.

Notes

Overview

To develop knowledge and understanding of a range of available approaches to dispute resolution, to appreciate the strengths and weaknesses of the different forms of dispute resolution in practice, to develop the knowledge and understanding to advise on the appropriate use of the different forms of dispute resolution.

The course will adopt a transaction based approach to Dispute Resolution and the course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course will cover: information gathering for dispute definition; scoping the dispute and the client’s attitudes to its resolution; development of a planned style and strategy for negotiation; conduct of a negotiation; mediation; expert referral; arbitration; enforcement in dispute resolution. Key skills will also be covered such as interviewing, listening, advising, persuading, processing conflicting information, client care, drafting and transaction based research.

Structure

One two hour seminar per week.

Assessment

The assessment consists of five elements as follows: (1) cumulative and reflective report on skills (30%); (2) mediation settlement agreement and measurement against objectives and aims for each side (20%); (3) 2 client letters (30%); (4) information leaflet (20%);(5) participation and professionalism (pass/fail). Students must pass all 5 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 4 elements of assessment.

Credit Points

15

Course Coordinator

Margaret Ross and Mubasher Choudry

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Co-requisites

The course is only open to students taking the Diploma in Professional Legal Practice programme who have obtained passes in the core courses on the programme.

Notes

Overview

The course aims to develop knowledge and understanding of the practical workings of selected aspects of family law, to develop the skills involved in handling clients involved in family law disputes, taking clear instructions, carrying out negotiations and drafting relevant documentation.

The course will adopt a transaction based approach to Family Law and the course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course will cover: taking part in role play scenarios relating to disputes involving divorce, cohabitation and parental rights; taking instructions in a family law dispute; writing positional letters; drafting appropriate court documentation; negotiations which involve the parties and solicitors; interim interdict hearing; and child welfare hearing. Key skills will also be covered such as communication with clients, client care, drafting, negotiation, and transaction based research.

Structure

One two hour seminar per week

Assessment

The assessment consists of six elements as follows: (1) positional letter to solicitors (20%); (2) client interview (20%); (3) initial writ (20%);(4) reflective exercise on the client relationship (20%);(5) Minute of Agreement (20%); (6) participation and professionalism (pass/fail). Students must pass all 6 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 5 elements of assessment.

Credit Points

15

Course Coordinator

Greg Gordon

Pre-requisites

A degree in law from a Scottish university or equivalent containing passes in the exempting professional subjects

Notes

Overview

The course aims to develop knowledge and understanding of the practical workings of a range of energy law issues.
To develop the skills involved in drafting, contractual risk management, negotiation and interacting with licensing systems.

The course will adopt a transaction based approach to Energy Law and the course content is centred around activities which are undertaken by the students with feedback being provided in interactive seminars. The course will cover: the oil and gas licensing regime; the broader context within which the oil and gas industry operates; Joint Operating Agreement; exclusivity agreements; Joint Bidding Agreements; exclusion/indemnity clauses and risk allocation; access to infrastructure; renewable and planning issues; servitudes; health and safety and the environment qualifying disclosures and protected disclosures; the legal framework concerning decommissioning; the role of the media with particular reference to the Brent Spar incident; the regulatory issues and responsibilities in the event of an oil rig disaster. Key skills will also be covered such as communication with clients, drafting, negotiation, and transaction based research.

Structure

One two hour seminar per week.

Assessment

The assessment consists of five elements as follows: (1) note to a partner on validity of an indemnity clause (35%); (2) letter to the local planning authority on behalf of a client (25%); (3) an internal advice note (30%);(4) press statement (10%);(5) participation and professionalism (pass/fail). Students must pass all 5 elements of assessment to pass the course and the final mark awarded for the course will be based on the marks obtained in the first 4 elements of assessment.

Credit Points

45

Course Coordinator

Dr Aylwin Pillai

Pre-requisites

Registration for and successful progress through a full LLM. programme

Overview

Students will be instructed through the delivery of a preparatory lecture, at least two supervisory meetings and a two hour dissertation planning workshop in a small group setting. Students will also be expected to spend considerable time on independent research throughout the course of the dissertation module (including preparation of dissertation plan, amendment of plan inline with supervisory comments, preparation for the dissertation workshop, and, of course, in the final 10000 word dissertation itself).

Structure

Compulsory:
1x2 hour lecture in week 37
At least 2 x supervisory appointments with members of staff during weeks 41-44
1x2 hour dissertation workshop in week 49 or 50.
Optional:
Additional library workshops to enhance skills on searching legal databases, conducted during weeks 48-50

Assessment

1 x Approved Dissertation Plan (compulsory but formative)
1 x 10000 word Masters Dissertation (worth 100%)