An Introduction to English Law

With Professor Lawrence Schafer

July 5 - July 28, 2011 (Exam August 3)

Tuesdays and Thursdays, 19:00-22:00

Aim
The aim of this course is to give students a basic introduction to English law and the English legal system. It is intended for students from Russia and other civil law jurisdictions.

Readings
There is no single prescribed text for this course. Instead, a selection of readings taken from a wide variety of sources will be distributed some weeks before the course begins. Students will be required to read these materials before each session.

Course structure
This course involves 24 contact hours, made up of eight sessions of three hours each. The structure for each session will vary: some will be primarily lecturer-driven, while others will take a more informal structure. One element, however, will be consistent: in every session, students will be expected to participate in discussions. Active participation is the best form of learning – please remember this throughout this course.

Schedule
The following is the tentative schedule of lectures and seminars. Please note that it might change slightly before July.

Session 1 - Introduction
This session introduces students to English law and highlights its distinctive features. Key topics will include the law-making process; the main divisions of English law; the role of precedent as a source of law; ‘common law’ and ‘equity’; the relationship between English law and other common law legal systems (for example, Australia and Canada); and the process of law reform. The main challenge in this session will be to understand how and why English law differs from civil law jurisdictions.

Session 2 - English constitutional law and external sources of law
England has no written constitution. Its constitutional structure is complex and has been shaped by centuries of incremental development. In this session, we will consider the constitutional roles of the Sovereign, Parliament, national and local government, and the courts. We will also consider some of the unusual features of the English legal system, including the Privy Council as a final court of appeal for various Commonwealth jurisdictions, the House of Lords and the privileged constitutional position of the Church of England. Our analysis of external sources of law will cover international law, EU law and the laws of the Council of Europe and the role of each within the English legal system.

Session 3 - Contract
This session gives an introduction to English contract law: the basic elements of a contract (offer, acceptance, consideration); breach of contract; remedies for breach (including specific performance and damages); and some specific forms of contracts (for example, contracts for the sale of land).

Session 4 - Tort
This session gives a basic introduction to English tort law: the concept of tort liability and its basic elements; the duty of care; different kinds of torts (negligence, misrepresentation, nuisance, etc); and remedies, including injunctions to restrain the commission of various torts and damages.

Sessions 5 - Trusts and a Basic Introduction to Property Law
This session commences with a basic overview of England property law. We consider its historic division into Real Property (land) and Personal Property (everything besides land). The main focus of this session will be on the trust, which is one of the most distinctive features of English law. We will consider its basic elements: the separation of legal and beneficial ownership; the distinct positions of the trustee and the beneficiary; and the trust property. We will also consider some of the basic forms of trusts, including constructive, resulting and secret trusts. Practical issues will include protecting trust property upon insolvency, trustees’ duties and recovering misappropriated trust property.

Session 6 - Company law
A basic overview of English company law. We look, in particular, at the notion of corporate personality; public and private companies; creating a company; directors’ duties and shareholders’ rights; running a company; piercing the ‘corporate veil’; and corporate governance.

Session 7 - Marriage and Divorce in England
Why do so many divorces happen in London? This session considers the basic elements of marriage, civil partnerships and divorce in English law. Issues covered include the significance of domicile, the enforceability of pre-nuptial contracts, property redistribution and financial settlement (particularly in ‘big money’ cases), jurisdiction and ‘jurisdiction shopping’.

Session 8 - The English legal profession and revision
The final session is devoted to the English legal profession. In particular, it covers the different roles of barristers, solicitors and notaries; the regulatory roles of the Bar and the Law Society; admission requirements; and requalification requirements for foreign-qualified lawyer. The last part of this session will allow students an opportunity for revision and to recap on areas that might not have been clear in the earlier sessions.