Master of Laws (LLM) in Legal Practice Syllabus

This module is compulsory for the Conflict Resolution specialisation, and considered an elective for the Intellectual Property specialisation.

• The Arbitration Act 1996 and its application to arbitrations taking place in England and Wales
• The arbitration laws of France, Germany, Hong Kong and USA
• UNCITRAL Model Law on international arbitration
• The rules of international arbitration institutions including the AAA, ICC, LCIA and UNCITRAL
• Features of arbitration as a dispute resolution method including:
  • How it can meet an individual client’s needs and circumstances
  • Confidentiality obligations
  • Drafting arbitration agreements – taking instructions and protecting the client’s interests.
  • Commencing an arbitration and appointing the tribunal.
  • The duties of the tribunal including the requirement for independence and impartiality.
  • Challenging the jurisdiction of the tribunal
  • Conduct of an arbitration from commencement to publication of the award to include
    • The duties of the parties
    • The powers of the tribunal
    • Presentation of evidence in the arbitration
    • Costs of arbitration proceedings
  • The powers of the court in support of arbitration including:
    • Enforcing an arbitration agreement
    • Enforcing and supporting the procedural measures of the tribunal
    • Challenges to the award
    • Enforcement of the award

This module is compulsory for the Intellectual Property specialisation, and considered an elective for the Conflict Resolution specialisation.

Here are some of the main topics we will cover in this module:

• Introduction to the various intellectual property rights and the international agreements in place to cover them
• A comparison of UK and international rules on the following rights: 
  • Passing off
  • Trade marks
  • Copyright
  • Database rights
  • Design rights
  • Patents 
• The importance, especially with IP rights requiring novelty or originality, of maintaining client confidentiality
• The content and drafting of typical patent applications
• The potential for conflicts of interest to arise with a client and their employees/ employer in relation to the ownership and exploitation of IP rights
• The use of precedents to draft intellectual property licences
• The typical format and appropriate level of detail for a report for a partner in a firm
• The use of online search facilities for registered intellectual property rights

• Introduction to commercial law
  • Typical upstream and downstream contracts
  • Typical layout of commercial contracts
  • Distinction between express and implied terms, and distinction between conditions and warranties and the remedies for their breach
  • Boiler-plate provisions applied domestically and internationally
• Domestic sale of goods
  • Common terms on price, payment and delivery and their effects
  • Remedies of the unpaid seller
  • Retention of title
  • Contractual terms as to performance, description and quality and the exclusion of liability for breach 
• International sale of goods
  • Choice of law and jurisdiction
  • INCOTERMS
  • Introduction to bills of exchange and documentary credits
  • The United Nations Convention on Contracts for the International Sale of Goods (CIGS)
  • The Unidroit Principles of International Commercial Contracts (PICC)
  • The Principles of European Contract Law (PECL)
  • The Uniform Commercial Code (UCC) 
• Marketing agreements
  • Issues on choice between agency and distribution agreements
  • Contents of an agency agreement and a distribution agreement
  • Agents (Council Directive) Regulations 1993
  • EU and UK competition law treatment (for agency agreements, in outline only) 
  • UK regulatory requirements relevant to on-line trade
  • Introduction to data protection
• E-commerce
  • UK regulatory requirements relevant to on-line trade
  • Introduction to data protection

• Introduction to the economic and legal principles underpinning competition law
• Outline of the law in the following areas:
  • Enforcement powers of the investigatory bodies
  • Penalties for breach of competition law
  • Anti-competitive agreements
  • Abuses of market power
  • Horizontal and vertical agreements
  • Exemptions and exclusions
  • Merger regimes
  • Competition law and IP
  • The content and drafting of a distribution agreement
  • The typical format and appropriate level of detail for a report to a partner in a firm
  • The content and structure of a letter of advice to a client
  • Identification and use of relevant research resources 

• The commercial reasons for entering into an international joint venture (IJV) 
• The sources of national and international law regulating IJVs 
• The generic alternative IJV structures (separate IJV vehicles or contractual IJVs) 
• Commercial and legal issues relating to the ownership and control of the IJV 
• Issues of conflict and confidentiality for lawyers advising in an IJV context 
• Methods of financing an IJV (debt and equity, and non-cash contributions) 
• Setting up the IJV: the principal terms of a JV agreement and constitution 
• Running an IJV: ancillary documentation governing matters such as terms of supply, employees and ownership of Intellectual Property developments 
• The transfer of a partner’s interest in the IJV 
• Termination of the IJV 
• Deadlock within the IJV 
• Introduction to competition and intellectual property law relevant to IJVs 

This module is mandatory for both specialisations.

The Research Methods module will be assessed by submission of a detailed written dissertation proposal. The dissertation (15,000 words) is assessed by submission of the dissertation itself.