Law
Undergraduate – Level 4 & 5
UK Level 5 to Top-Up degree at UK University – Only £1500 Per Year (Subject to Scholarship Discount)
Overview
QUALIFICATION OBJECTIVES
3
QUALITY, STANDARDS AND RECOGNITIONS
3
REGULATORY INFORMATION
3
EQUIVALENCES
4
QUALIFICATION STRUCTURE
4
DEFINITIONS
5
3
QUALITY, STANDARDS AND RECOGNITIONS
3
REGULATORY INFORMATION
3
EQUIVALENCES
4
QUALIFICATION STRUCTURE
4
DEFINITIONS
5
Entry requirements
5
Equivalences
4
Qualification structure
Unit Aims
The focus of this unit is the people and procedures involved in the operation of the English legal system. This unit aims to inform learners about the functions, structure and purpose of the civil and criminal Courts, along with understanding of the personnel involved in the administration of justice. Learners will gain knowledge of how laws are created and influences on the development of law. The unit will also provide learners with information on various methods of alternative dispute resolution.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand how laws are
created in England and Wales.
1.1Explain the court hierarchy.
1.2Describe the nature and purpose of criminal and
civil courts.
1.3Describe how case law is created and developed.
1.4Explain how legislation is created and developed.
●Comparison between criminal and civil law
●The nature of law and morality
●The court hierarchy in England and Wales
●Overview of Civil and Criminal court structures,
including appeal courts
●The role of criminal courts, including powers and
aims
●The role of civil courts, including powers and aims
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
●The Doctrine of Judicial Precedent, ratio
decidendi, obita dictum, avoidance of judicial
precedent, including by ‘distinguishing’. Persuasive
precedent.
●The process of creation legislation, including green
papers, white papers, readings to royal assent,
influences on development of legislation, the
concept of Parliamentary Sovereignty/ Supremacy.
●Codification of laws, repeals and consolidation of
law.
●The role of delegated legislation, including types of
delegation, the purpose of delegation and its
limitations
●Statutory interpretation and the various judicial
approaches to interpretation, including the literal
approach, golden rule, mischief rule and purposive
approach. The relationship between parliamentary
supremacy and the approaches to statutory
interpretation.
●The role of the Law Commission in the
development of laws
2.Understand the role of the legal
profession.
2.1Identify the judges that sit in each court within the
hierarchy.
2.2Explain the difference between the role of a
solicitor and a barrister within the English legal
system.
2.3Describe the ethical responsibilities of the legal
profession.
2.4Analyse the role of the jury system.
●How judges are appointed to each of the courts
within the hierarchy, including the role and
appointment of magistrates
●The education and training requirements of a
solicitor and a barrister
●The different purpose and skills of a solicitor and a
barrister , a solicitors rights of audience, the role of
Queens Counsel
●Legal ethics of a solicitor and a barrister, the ‘cab
rank’ rule
●The jury system, including the process of jury
selection, and the perceived benefits and
detriments of this system
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
3.Understand the role of
alternative dispute resolution.
3.1Explain the perceived difficulties in accessing civil
justice.
3.2Evaluate the role of Alternative Dispute Resolution
in civil disputes.
3.3Analyse the role of restorative justice in the
criminal courts.
●Access to justice, legal fees and legal aid, public
and private funding
●The perceived difficulties of civil litigation, including
costs, time, and lack of lay person involvement
●The role of Alternative Dispute Resolution in
addressing the perceived deficiencies in court
resolution
●The role of meditation, arbitration, and tribunals.
The potential problems with Alternative Dispute
Resolution, including lack of understanding,
imbalance of powers, non binding agreements,
and a lack of legal protection
●The purpose of restorative justice in the criminal
justice system
●The benefits and difficulties of restorative justice,
including low participation and party protection
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 3 All ACs under LO1 to LO3 Coursework 3000 words
Indicative Reading List
●English Legal System, 22
nd
Edition by Emily Allbon; Sanmeet Kaur Dua, Published by Pearson
●The English Legal System, 20
th
Edition, by Slapper and Kelly, Published by Routledge
●The English Legal System, 9
th
edition by Alisdair Gillespie; Siobhan Weare, Published by OUP Oxford
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
Academic Writing and Research Skills for Law
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand how laws are
created in England and Wales.
1.1Explain the court hierarchy.
1.2Describe the nature and purpose of criminal and
civil courts.
1.3Describe how case law is created and developed.
1.4Explain how legislation is created and developed.
●Comparison between criminal and civil law
●The nature of law and morality
●The court hierarchy in England and Wales
●Overview of Civil and Criminal court structures,
including appeal courts
●The role of criminal courts, including powers and
aims
●The role of civil courts, including powers and aims
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
●The Doctrine of Judicial Precedent, ratio
decidendi, obita dictum, avoidance of judicial
precedent, including by ‘distinguishing’. Persuasive
precedent.
●The process of creation legislation, including green
papers, white papers, readings to royal assent,
influences on development of legislation, the
concept of Parliamentary Sovereignty/ Supremacy.
●Codification of laws, repeals and consolidation of
law.
●The role of delegated legislation, including types of
delegation, the purpose of delegation and its
limitations
●Statutory interpretation and the various judicial
approaches to interpretation, including the literal
approach, golden rule, mischief rule and purposive
approach. The relationship between parliamentary
supremacy and the approaches to statutory
interpretation.
●The role of the Law Commission in the
development of laws
2.Understand the role of the legal
profession.
2.1Identify the judges that sit in each court within the
hierarchy.
2.2Explain the difference between the role of a
solicitor and a barrister within the English legal
system.
2.3Describe the ethical responsibilities of the legal
profession.
2.4Analyse the role of the jury system.
●How judges are appointed to each of the courts
within the hierarchy, including the role and
appointment of magistrates
●The education and training requirements of a
solicitor and a barrister
●The different purpose and skills of a solicitor and a
barrister , a solicitors rights of audience, the role of
Queens Counsel
●Legal ethics of a solicitor and a barrister, the ‘cab
rank’ rule
●The jury system, including the process of jury
selection, and the perceived benefits and
detriments of this system
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
3.Understand the role of
alternative dispute resolution.
3.1Explain the perceived difficulties in accessing civil
justice.
3.2Evaluate the role of Alternative Dispute Resolution
in civil disputes.
3.3Analyse the role of restorative justice in the
criminal courts.
●Access to justice, legal fees and legal aid, public
and private funding
●The perceived difficulties of civil litigation, including
costs, time, and lack of lay person involvement
●The role of Alternative Dispute Resolution in
addressing the perceived deficiencies in court
resolution
●The role of meditation, arbitration, and tribunals.
The potential problems with Alternative Dispute
Resolution, including lack of understanding,
imbalance of powers, non binding agreements,
and a lack of legal protection
●The purpose of restorative justice in the criminal
justice system
●The benefits and difficulties of restorative justice,
including low participation and party protection
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 3 All ACs under LO1 to LO3 Coursework 3000 words
Indicative Reading List
●English Legal System, 22
nd
Edition by Emily Allbon; Sanmeet Kaur Dua, Published by Pearson
●The English Legal System, 20
th
Edition, by Slapper and Kelly, Published by Routledge
●The English Legal System, 9
th
edition by Alisdair Gillespie; Siobhan Weare, Published by OUP Oxford
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
Academic Writing and Research Skills for Law
20 credits • 100 GLH • 200 TQT
Unit Aims
The aim of this unit is to provide learners with understanding of the skills needed to conduct legal research, Academic writing skills will also be a focus of the unit. Learners will consider various types of assessment and the skills and resources applicable thereto. Learners will also understand how to find laws, cite laws, and apply laws to support legal arguments and conclusions.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative Content
1.Understand how to research
case law.
1.1Identify where to find case law.
1.2Explain how to read case law.
1.3Analyse the difference between citing judicial legal
reasoning and citing legal facts of a case.
●Researching All England Law Reports and locating
case law
●Reading case law
●Outline of Case headnotes
●Differentiating the facts, legal reasoning, and
outcome of case law
●Citing legal reasoning within case law
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
2.Understand how to research
legislative requirements.
2.1Identify where to find legislation.
2.2Explain how to read statute.
2.3Describe how to cite statute.
2.4Research a statute and explain the influences that
impacted on its progress into law
●The role of green and white papers
●How to research statute
●The use of Hansard
●How to cite Acts Of Parliament
●Accessing Acts Of Parliament
●Reading and paraphrasing sections of statute
●The rules of statutory interpretation: • literal rule •
golden rule • mischief rule • purposive approach.
3.Understand skills of legal
citation and writing.
3.1Describe how to plan and structure various types
of legal assignment.
3.2Assess the role legal citation in academic
assessments.
3.3Explain the need to apply the command verb in
academic writing.
●Planning and structuring legal essay.
●How to approach a problem/issue spotting or
scenario- based question using the Identify Define
Explain Apply (IDEA) approach/other approaches.
●Identifying legal issues, potential liabilities, relevant
laws, and research to support conclusions
reached/advice given.
●Using legal dictionaries and academic textbooks
●Researching and reading journal articles
●Differentiating primary sources and secondary
sources
●Report writing
●The role of command verbs in legal assessment;
how to analyse, evaluate, assess, and advise
within legal assignments
●The importance of being critical, rather than
descriptive
●How to use quotations to support legal ideas and
arguments
●Using the Harvard Referencing system
●Using Turnitin
●Reading the similarity index and acceptable
similarity scores based on the assessment level
and type
●Plagiarism, paraphrasing and the use of legalese
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
4.Be able to analyse personal
strengths and areas for
development in relation to
academic writing skills.
4.1Describe the range of approaches to learning and
study used.
4.2Explain the importance of independent learning
skills.
4.3Identify and record development needs and
specify priority areas for development
4.4Develop a plan for further improvement.
●Academic progress: evaluate content of own work,
own skills development, Academic
English ability, academic competencies, personal
skills and qualities, personal skills for
academic work (time management, initiative,
perseverance flexibility, responding positively,
to change and feedback); strengths and
weaknesses.
●Action plan: for academic development, for
personal development
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 4 All ACs under LO1 to LO4 Portfolio of evidence 3000 words
Indicative Reading List
●Legal Research, Analysis, and Writing, 4th Edition by William H. Putman, JD; Jennifer R. Albright, JD, Published by Cengage
●Legal Research, Analysis, and Writing: 6th edition, By Joanne Hames; Yvonne Ekern, Published by Pearson
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
Contract Law
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative Content
1.Understand how to research
case law.
1.1Identify where to find case law.
1.2Explain how to read case law.
1.3Analyse the difference between citing judicial legal
reasoning and citing legal facts of a case.
●Researching All England Law Reports and locating
case law
●Reading case law
●Outline of Case headnotes
●Differentiating the facts, legal reasoning, and
outcome of case law
●Citing legal reasoning within case law
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
2.Understand how to research
legislative requirements.
2.1Identify where to find legislation.
2.2Explain how to read statute.
2.3Describe how to cite statute.
2.4Research a statute and explain the influences that
impacted on its progress into law
●The role of green and white papers
●How to research statute
●The use of Hansard
●How to cite Acts Of Parliament
●Accessing Acts Of Parliament
●Reading and paraphrasing sections of statute
●The rules of statutory interpretation: • literal rule •
golden rule • mischief rule • purposive approach.
3.Understand skills of legal
citation and writing.
3.1Describe how to plan and structure various types
of legal assignment.
3.2Assess the role legal citation in academic
assessments.
3.3Explain the need to apply the command verb in
academic writing.
●Planning and structuring legal essay.
●How to approach a problem/issue spotting or
scenario- based question using the Identify Define
Explain Apply (IDEA) approach/other approaches.
●Identifying legal issues, potential liabilities, relevant
laws, and research to support conclusions
reached/advice given.
●Using legal dictionaries and academic textbooks
●Researching and reading journal articles
●Differentiating primary sources and secondary
sources
●Report writing
●The role of command verbs in legal assessment;
how to analyse, evaluate, assess, and advise
within legal assignments
●The importance of being critical, rather than
descriptive
●How to use quotations to support legal ideas and
arguments
●Using the Harvard Referencing system
●Using Turnitin
●Reading the similarity index and acceptable
similarity scores based on the assessment level
and type
●Plagiarism, paraphrasing and the use of legalese
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
4.Be able to analyse personal
strengths and areas for
development in relation to
academic writing skills.
4.1Describe the range of approaches to learning and
study used.
4.2Explain the importance of independent learning
skills.
4.3Identify and record development needs and
specify priority areas for development
4.4Develop a plan for further improvement.
●Academic progress: evaluate content of own work,
own skills development, Academic
English ability, academic competencies, personal
skills and qualities, personal skills for
academic work (time management, initiative,
perseverance flexibility, responding positively,
to change and feedback); strengths and
weaknesses.
●Action plan: for academic development, for
personal development
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 4 All ACs under LO1 to LO4 Portfolio of evidence 3000 words
Indicative Reading List
●Legal Research, Analysis, and Writing, 4th Edition by William H. Putman, JD; Jennifer R. Albright, JD, Published by Cengage
●Legal Research, Analysis, and Writing: 6th edition, By Joanne Hames; Yvonne Ekern, Published by Pearson
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
Contract Law
20 credits • 100 GLH • 200 TQT
Unit Aims
The aim of this unit is to provide learners with an understanding of the requirements and formalities of a legally binding agreement. The fundamentals of offer and acceptance will form the basis of the unit, and
the learner will understand factors that may defeat the validity of an agreement. The ways in
which a contract may be breached will be a focal point of learning, as will potential remedies applicable to various types of contractual breach.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the requirements of
a binding agreement.
1.1Describe how to make a legally binding offer and
acceptance.
1.2Explain how offer and acceptance may be
withdrawn.
1.3Explain the terms invitation to treat and the
intention to create legal relations.
1.4Analyse the role of consideration in contractual
agreements.
●Identifying parties to a contract
●Making an offer
●Communicating an offer
●Accepting an offer
●Communicating acceptance of an offer
●The postal rule and exceptions to the rule
●Electronic acceptance and the postal rule
●Revocation of an offer
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
●Withdrawing acceptance before offeror receipt of
acceptance
●Difference between invitation to treat and offer
●Consideration
●Promissory estoppel
●Intention to create legal relations
●Rebutting the presumption to create legal
relations in social/domestic relations
●Honour clauses in business relations
●Privity of contract
2.Understand the contents of a
contract.
2.1 Define statutory express terms.
2.2 Explain how terms may be implied in common law.
2.3 Evaluate the validity of exclusion clauses.
●Express terms and methods of incorporation
●Terms implied by custom, trade, and usage
●Conditions, warranties, and innominate terms
●Discharge of remaining contractual duties on
breach of terms
●Exclusion clauses, limitation clauses and
operation of these in business
●Common law incorporation of exclusion
clauses
●Statutory governance of exclusion clauses,
Unfair Contract Terms Act 1977, Consumer
Rights Act 2015
●Severance of exclusion clauses
3.Understand the factors that
may vitiate a contract.
3.1Describe various types of contractual mistake and
misrepresentation.
3.2Analyse how lack of capacity, illegality and public
policy may void a contract.
3.3Assess how undue influence and duress may void
a contract.
●Capacity to enter contractual relations
●Minors’ contractual capacity and contracts for
necessaries
●Intoxication and intention to create legal
relations
●A ‘meeting of the minds’ requirement
●Contracts void on the grounds of public policy,
including certain pre-nuptial agreements
●Statutory illegality
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
●Misrepresentation; fraudulent, innocent, and
negligent misrepresentation and
consequences
●Mistake; common mistake, mutual mistake,
unilateral mistake
●The effect of mistake on the contract and the
remedies available to the innocent party
●Duress and undue influence, including in family
relations and professional capacity
●Frustration of a contract by destruction of
subject matter, death of parties, illegality,
impossibility of performance in manner agreed
4.Understand how a contract may
be breached.
4.1Explain various types of contract breach, including
anticipatory and repudiatory breach.
4.2Describe the calculation of damages for breach of
contract.
4.3Assess the role of equitable remedies in
contractual breach.
●Breach of contract by one or more parties
●Anticipatory breach and repudiatory breach
●The effect of breach of contract on the
remaining contractual duties
●Liquidated damages clauses and penalty
clauses
●Calculation of damages, expectation loss,
market value, loss of enjoyment
●Equitable remedies; rectification, specific
performance, and injunction
●Requirements for accessing equitable
remedies, including clean hands and laches
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 4 All ACs under LO1 to LO4 Portfolio of evidence 3000 words
Indicative Reading List
●Poole’s Textbook on Contract Law, sixteenth edition, Robert Merkin QC, Severine Saintier, 2023, OUP
●Contract Law, Texts, Cases and Materials, Ewan McKendrick, eleventh edition, May 2024, OUP
Business Law
which a contract may be breached will be a focal point of learning, as will potential remedies applicable to various types of contractual breach.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the requirements of
a binding agreement.
1.1Describe how to make a legally binding offer and
acceptance.
1.2Explain how offer and acceptance may be
withdrawn.
1.3Explain the terms invitation to treat and the
intention to create legal relations.
1.4Analyse the role of consideration in contractual
agreements.
●Identifying parties to a contract
●Making an offer
●Communicating an offer
●Accepting an offer
●Communicating acceptance of an offer
●The postal rule and exceptions to the rule
●Electronic acceptance and the postal rule
●Revocation of an offer
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
●Withdrawing acceptance before offeror receipt of
acceptance
●Difference between invitation to treat and offer
●Consideration
●Promissory estoppel
●Intention to create legal relations
●Rebutting the presumption to create legal
relations in social/domestic relations
●Honour clauses in business relations
●Privity of contract
2.Understand the contents of a
contract.
2.1 Define statutory express terms.
2.2 Explain how terms may be implied in common law.
2.3 Evaluate the validity of exclusion clauses.
●Express terms and methods of incorporation
●Terms implied by custom, trade, and usage
●Conditions, warranties, and innominate terms
●Discharge of remaining contractual duties on
breach of terms
●Exclusion clauses, limitation clauses and
operation of these in business
●Common law incorporation of exclusion
clauses
●Statutory governance of exclusion clauses,
Unfair Contract Terms Act 1977, Consumer
Rights Act 2015
●Severance of exclusion clauses
3.Understand the factors that
may vitiate a contract.
3.1Describe various types of contractual mistake and
misrepresentation.
3.2Analyse how lack of capacity, illegality and public
policy may void a contract.
3.3Assess how undue influence and duress may void
a contract.
●Capacity to enter contractual relations
●Minors’ contractual capacity and contracts for
necessaries
●Intoxication and intention to create legal
relations
●A ‘meeting of the minds’ requirement
●Contracts void on the grounds of public policy,
including certain pre-nuptial agreements
●Statutory illegality
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
●Misrepresentation; fraudulent, innocent, and
negligent misrepresentation and
consequences
●Mistake; common mistake, mutual mistake,
unilateral mistake
●The effect of mistake on the contract and the
remedies available to the innocent party
●Duress and undue influence, including in family
relations and professional capacity
●Frustration of a contract by destruction of
subject matter, death of parties, illegality,
impossibility of performance in manner agreed
4.Understand how a contract may
be breached.
4.1Explain various types of contract breach, including
anticipatory and repudiatory breach.
4.2Describe the calculation of damages for breach of
contract.
4.3Assess the role of equitable remedies in
contractual breach.
●Breach of contract by one or more parties
●Anticipatory breach and repudiatory breach
●The effect of breach of contract on the
remaining contractual duties
●Liquidated damages clauses and penalty
clauses
●Calculation of damages, expectation loss,
market value, loss of enjoyment
●Equitable remedies; rectification, specific
performance, and injunction
●Requirements for accessing equitable
remedies, including clean hands and laches
OTHM LEVEL 5 EXTENDED DIPLOMA IN LAW | SPECIFICATION
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 4 All ACs under LO1 to LO4 Portfolio of evidence 3000 words
Indicative Reading List
●Poole’s Textbook on Contract Law, sixteenth edition, Robert Merkin QC, Severine Saintier, 2023, OUP
●Contract Law, Texts, Cases and Materials, Ewan McKendrick, eleventh edition, May 2024, OUP
Business Law
20 credits • 100 GLH • 200 TQT
Unit Aims
This unit aims to inform learners about the requirements and structures various types of business. The formation and dissolution of partnerships, limited liability partnerships and companies will be a focus of the unit. Learners will also be introduced to the concepts of unlimited liability and limited liability, as they apply to the various business organisations studied. The unit will also provide information on the agency powers specific to various business structures, along with associated labilities.
Learning Outcomes, Assessment Criteria, and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative Content
1.Understand the principles of
partnership law.
1.1Explain different types of partnership.
1.2Describe the concept of limited and unlimited
liability.
1.3Explain how partnerships are formed and
terminated.
1.4Define the powers and liabilities of partners.
1.5Analyse the formalities of forming and
dissolving a Limited Liability Partnership.
⚫Sole traders
⚫Partnerships under the Partnerships Act 1890
(PA)
⚫Partnership formed when two or more people
agree to run a business together and carry out
that agreement.
⚫Written agreement not required but preferable,
particularly if parties wish to override statutory
implications. E.g. Partnership Act 1890
⚫Reasons for dissolution of the partnership,
including death, illegality etc. PA 1890- every
partner is an agent of the firm and his other
partners.
⚫Liability of incoming partners and retiring
partners
⚫Retiring partner avoidance of liability on future
contracts
⚫Sole traders, partnerships, and personal liability
⚫Limited Liability Partnerships (LLP), Limited
Liability Partnership Act 2000, members cannot
lose more than they invested
⚫The LLP is a separate legal person from its
members.
⚫LLP has the tax status of partnership with limited
liability for members.
⚫Effects of the dissolution of the partnership.
2.Understand how to form a
company.
2.1Explain the formal requirements of company
registration.
2.2Describe the difference between private and
public companies.
2.3Analyse the doctrine of incorporation.
2.4Explain when the veil of incorporation may be
lifted.
2.5Evaluate the role of company directors.
⚫A company has a separate legal personality from
its members.
⚫The company, as an artificial person
⚫The doctrine of incorporation
⚫The company is liable on all its debts and
contracts.
⚫Lifting the veil of incorporation
⚫Companies limit the liability of members to
specified amounts in the event of winding up
⚫Company limited by shares
⚫Company limited by guarantee
⚫A Public Company, the constitution states it is
public, and it has met required registration
necessary for a public company under the
Companies Act 2006.
⚫Different types of company director; de facto,
shadow director and managing director
⚫Directors are agents of the company, not the
members agents
⚫Directors’ statutory duties to the company under
the Companies Act 2006, including reasonable
skill, care and diligence, avoid conflicts of
interest and declare an interest in a proposed
agreement.
3.Understand the agency powers
created within Limited Liability
Partnership’s and Companies.
3.1Describe the ways in which an agency
relationship may be created.
3.2Explain the powers and authority of an agent.
3.3Evaluate the agency powers and liabilities of a
partner in a partnership
3.4Evaluate the agency powers of a partner in a
limited liability partnership.
3.5Analyse the agency powers and liabilities of a
company director.
3.6Recommend legal solutions for resolving a
range of disputes, using examples to
demonstrate how a party might obtain legal
advice and support.
⚫Creation of agency relationships
⚫The agent and the principal fiduciary relationship
⚫Agency through express authority and implied
authority
⚫Agency through ratification
⚫Apparent authority of an agent
⚫The duties of an agent to the principal, including
obeying the principals instructions, avoiding
secret profits and conflicts of interest
⚫Partners are agents of the firm and agents of the
other partners.
⚫Partners have actual and usual authority to bind
each other in contracts and torts.
⚫Vicarious liability of partners
⚫Each partner is an agent of the partnership, they
can bind the other partner/s to contracts.
⚫As with usual rules of agency, the partner only
binds partnership if has authority to make the
transaction/contract.
⚫Company directors as agents of the company.
⚫A company director has actual or usual authority
to bind the company.
⚫Company director’s apparent authority through
holding out or estoppel.
⚫Limited Liability Partnership, every member is an
agent of the LLP.
⚫The LLP is bound by members’ acts according to
rules of agency.
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●Business Law, Sixth Edition, James Marson, Katy Ferris, May 2020, OUP
●Business Law, Ninth Edition, Ewan Macintyre, Pearson
Public Law
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative Content
1.Understand the principles of
partnership law.
1.1Explain different types of partnership.
1.2Describe the concept of limited and unlimited
liability.
1.3Explain how partnerships are formed and
terminated.
1.4Define the powers and liabilities of partners.
1.5Analyse the formalities of forming and
dissolving a Limited Liability Partnership.
⚫Sole traders
⚫Partnerships under the Partnerships Act 1890
(PA)
⚫Partnership formed when two or more people
agree to run a business together and carry out
that agreement.
⚫Written agreement not required but preferable,
particularly if parties wish to override statutory
implications. E.g. Partnership Act 1890
⚫Reasons for dissolution of the partnership,
including death, illegality etc. PA 1890- every
partner is an agent of the firm and his other
partners.
⚫Liability of incoming partners and retiring
partners
⚫Retiring partner avoidance of liability on future
contracts
⚫Sole traders, partnerships, and personal liability
⚫Limited Liability Partnerships (LLP), Limited
Liability Partnership Act 2000, members cannot
lose more than they invested
⚫The LLP is a separate legal person from its
members.
⚫LLP has the tax status of partnership with limited
liability for members.
⚫Effects of the dissolution of the partnership.
2.Understand how to form a
company.
2.1Explain the formal requirements of company
registration.
2.2Describe the difference between private and
public companies.
2.3Analyse the doctrine of incorporation.
2.4Explain when the veil of incorporation may be
lifted.
2.5Evaluate the role of company directors.
⚫A company has a separate legal personality from
its members.
⚫The company, as an artificial person
⚫The doctrine of incorporation
⚫The company is liable on all its debts and
contracts.
⚫Lifting the veil of incorporation
⚫Companies limit the liability of members to
specified amounts in the event of winding up
⚫Company limited by shares
⚫Company limited by guarantee
⚫A Public Company, the constitution states it is
public, and it has met required registration
necessary for a public company under the
Companies Act 2006.
⚫Different types of company director; de facto,
shadow director and managing director
⚫Directors are agents of the company, not the
members agents
⚫Directors’ statutory duties to the company under
the Companies Act 2006, including reasonable
skill, care and diligence, avoid conflicts of
interest and declare an interest in a proposed
agreement.
3.Understand the agency powers
created within Limited Liability
Partnership’s and Companies.
3.1Describe the ways in which an agency
relationship may be created.
3.2Explain the powers and authority of an agent.
3.3Evaluate the agency powers and liabilities of a
partner in a partnership
3.4Evaluate the agency powers of a partner in a
limited liability partnership.
3.5Analyse the agency powers and liabilities of a
company director.
3.6Recommend legal solutions for resolving a
range of disputes, using examples to
demonstrate how a party might obtain legal
advice and support.
⚫Creation of agency relationships
⚫The agent and the principal fiduciary relationship
⚫Agency through express authority and implied
authority
⚫Agency through ratification
⚫Apparent authority of an agent
⚫The duties of an agent to the principal, including
obeying the principals instructions, avoiding
secret profits and conflicts of interest
⚫Partners are agents of the firm and agents of the
other partners.
⚫Partners have actual and usual authority to bind
each other in contracts and torts.
⚫Vicarious liability of partners
⚫Each partner is an agent of the partnership, they
can bind the other partner/s to contracts.
⚫As with usual rules of agency, the partner only
binds partnership if has authority to make the
transaction/contract.
⚫Company directors as agents of the company.
⚫A company director has actual or usual authority
to bind the company.
⚫Company director’s apparent authority through
holding out or estoppel.
⚫Limited Liability Partnership, every member is an
agent of the LLP.
⚫The LLP is bound by members’ acts according to
rules of agency.
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●Business Law, Sixth Edition, James Marson, Katy Ferris, May 2020, OUP
●Business Law, Ninth Edition, Ewan Macintyre, Pearson
Public Law
20 credits • 100 GLH • 200 TQT
Unit Aims
This unit aims to inform learners about the nature and purpose of constitutions, differing between written and unwritten forms. The separation of powers will be a focus of the unit, with learners examining the relationship between the legislative, executive and judicial branches of state. The role of the monarchy will also be considered. Learners will be informed about the powers of parliament, as well as the checks and balances of power through an impartial and non-political judiciary and its judicial review.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the nature of
constitutions and the separation of
powers.
1.1Describe the nature and purpose of written and
unwritten constitutions.
1.2Analyse various types of constitution and
constitutional conventions.
1.3Explain the separation of powers.
●A constitution
●Written and unwritten constitutions, rigid or flexible
●Sources of law where a constitution is unwritten
●Most democratic countries have written
constitutions, the UK has an unwritten constitution
●The European Convention on Human rights and
the Magna Carta of 1215
●Federal and unitary constitutions
●Republican and monarchical constitutions
●Constitutional conventions, legal and non legal
sources of law
●The nature and scope of conventions
●The role of the Executive
●Executive powers
●The three branches of state and their respective
roles and powers; legislative, executory and
judiciary.
●Assess how separate the three powers are within
the UK.
●The Constitutional Reform Act 2005, the rule of
law
●The role of the monarch
●The monarchy, the head of state, the
administration, Her Majesty’s government, the
Prime Minister and Cabinet, jurisdictions without a
monarchy, constitutional theory, governments and
devolution, central, regional and local government
2.Understand Parliamentary
Powers.
2.1Analyse the relationship between the two houses
of UK Parliament.
2.2Describe the relationship between parliament and
government.
2.3Evaluate the concept of Parliamentary sovereignty.
●Parliament as the legislative branch
●The relationship and powers of the House of
Commons and the House of Lords
●The ‘Westminster model’ of government as drawn
from the majority party or parties in the House of
Commons and House of Lords.
●The influence of individual MPs and Lords to
create law through Private Members’ Bills.
●Select committees’ powers to question and
challenge government ministers
●Direct democracy as a challenge to the
Westminster model, including referendums and
e-petitions
●Defining the executive
●The function of the executive
●Prerogative power
●The royal prerogative
●Political or executive prerogative
●Government prerogative powers derived from
common law
●The parliamentary executive and scrutiny of
government ministers
●Collective and individual responsibility to
parliament
●Parliament as a constitutional check on the
executive
●Ministerial responsibility and the Ministerial Code
●Parliamentary privilege
●Devolution of parliament
●Parliamentary sovereignty and the European
Convention on Human Rights (ECHR)
●The Human Rights Act 1998 ‘interpretive duty’
under s3 and declaration of incompatibility’ s4
●Parliaments power to delegate law making powers,
statutory instruments and by-laws
●Parliamentary control and accountability for
delegated legislation
3.Understand the role of Judicial
Review.
3.1Explain the role of the Judiciary.
3.2Analyse how the judiciary upholds the separation
of powers.
3.3Assess the role of the judiciary as a means of
controlling government bodies.
3.4Analyse the nature and purpose of judicial review.
3.5Explain the grounds for judicial review.
●The judicial arm of the state
●The judiciary is independent and impartial of any
political party
●The judiciary has a scrutiny function through
performing judicial review.
●The judiciary provides a ‘neutral’, non-political
check on government
●The judiciary holds the government to account and
regulates government in relation to the principles
of administrative law.
●The judiciary ensures public bodies act with
proportionality and in accordance with rules of
natural justice.
●Judicial review is part of the UK constitution
●Judicial review is a means of enforcing the rule of
law and ensuring public bodies do not exceed their
legitimate powers
●Judicial review allows a claimant to challenge the
decision of a government department, body or
local authority in a court of law (High Court).
●The judge reviews the lawfulness of a decision or
action of a public body.
●The judge will consider rules of fairness, integrity
of process, and exercise of executive powers in
accordance with the rights in the ECHR.
●Judicial Review – operation and grounds
●procedural unfairness and legitimate expectation,
includes impartiality and lack of representation, a
public bodies failure to follow principles of natural
justice
●on the ground of irrationality- no reasonable
person, acting reasonably, could have made the
decision ‘-Wednesbury unreasonableness’. This
ground is rarely successful.
●Decisions can also be overturned if the public
authority has acted in a way incompatible with the
Human Rights Act 1998; unless the public
authority is acting under instruction of parliament.
●Parliamentary sovereignty, a judge cannot overturn
primary legislation.
●Secondary legislation may be judicially reviewed.
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●Public Law: Text, Cases, and Materials, 5
th
Edition, Le Sueur, A. Sunkin, M. Khushal Murkens, J. E., 2023, Published by OUP
●Public Law, Fourth Edition, Mark Elliott, Robert Thomas, Published by OUP
Criminal Law
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the nature of
constitutions and the separation of
powers.
1.1Describe the nature and purpose of written and
unwritten constitutions.
1.2Analyse various types of constitution and
constitutional conventions.
1.3Explain the separation of powers.
●A constitution
●Written and unwritten constitutions, rigid or flexible
●Sources of law where a constitution is unwritten
●Most democratic countries have written
constitutions, the UK has an unwritten constitution
●The European Convention on Human rights and
the Magna Carta of 1215
●Federal and unitary constitutions
●Republican and monarchical constitutions
●Constitutional conventions, legal and non legal
sources of law
●The nature and scope of conventions
●The role of the Executive
●Executive powers
●The three branches of state and their respective
roles and powers; legislative, executory and
judiciary.
●Assess how separate the three powers are within
the UK.
●The Constitutional Reform Act 2005, the rule of
law
●The role of the monarch
●The monarchy, the head of state, the
administration, Her Majesty’s government, the
Prime Minister and Cabinet, jurisdictions without a
monarchy, constitutional theory, governments and
devolution, central, regional and local government
2.Understand Parliamentary
Powers.
2.1Analyse the relationship between the two houses
of UK Parliament.
2.2Describe the relationship between parliament and
government.
2.3Evaluate the concept of Parliamentary sovereignty.
●Parliament as the legislative branch
●The relationship and powers of the House of
Commons and the House of Lords
●The ‘Westminster model’ of government as drawn
from the majority party or parties in the House of
Commons and House of Lords.
●The influence of individual MPs and Lords to
create law through Private Members’ Bills.
●Select committees’ powers to question and
challenge government ministers
●Direct democracy as a challenge to the
Westminster model, including referendums and
e-petitions
●Defining the executive
●The function of the executive
●Prerogative power
●The royal prerogative
●Political or executive prerogative
●Government prerogative powers derived from
common law
●The parliamentary executive and scrutiny of
government ministers
●Collective and individual responsibility to
parliament
●Parliament as a constitutional check on the
executive
●Ministerial responsibility and the Ministerial Code
●Parliamentary privilege
●Devolution of parliament
●Parliamentary sovereignty and the European
Convention on Human Rights (ECHR)
●The Human Rights Act 1998 ‘interpretive duty’
under s3 and declaration of incompatibility’ s4
●Parliaments power to delegate law making powers,
statutory instruments and by-laws
●Parliamentary control and accountability for
delegated legislation
3.Understand the role of Judicial
Review.
3.1Explain the role of the Judiciary.
3.2Analyse how the judiciary upholds the separation
of powers.
3.3Assess the role of the judiciary as a means of
controlling government bodies.
3.4Analyse the nature and purpose of judicial review.
3.5Explain the grounds for judicial review.
●The judicial arm of the state
●The judiciary is independent and impartial of any
political party
●The judiciary has a scrutiny function through
performing judicial review.
●The judiciary provides a ‘neutral’, non-political
check on government
●The judiciary holds the government to account and
regulates government in relation to the principles
of administrative law.
●The judiciary ensures public bodies act with
proportionality and in accordance with rules of
natural justice.
●Judicial review is part of the UK constitution
●Judicial review is a means of enforcing the rule of
law and ensuring public bodies do not exceed their
legitimate powers
●Judicial review allows a claimant to challenge the
decision of a government department, body or
local authority in a court of law (High Court).
●The judge reviews the lawfulness of a decision or
action of a public body.
●The judge will consider rules of fairness, integrity
of process, and exercise of executive powers in
accordance with the rights in the ECHR.
●Judicial Review – operation and grounds
●procedural unfairness and legitimate expectation,
includes impartiality and lack of representation, a
public bodies failure to follow principles of natural
justice
●on the ground of irrationality- no reasonable
person, acting reasonably, could have made the
decision ‘-Wednesbury unreasonableness’. This
ground is rarely successful.
●Decisions can also be overturned if the public
authority has acted in a way incompatible with the
Human Rights Act 1998; unless the public
authority is acting under instruction of parliament.
●Parliamentary sovereignty, a judge cannot overturn
primary legislation.
●Secondary legislation may be judicially reviewed.
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●Public Law: Text, Cases, and Materials, 5
th
Edition, Le Sueur, A. Sunkin, M. Khushal Murkens, J. E., 2023, Published by OUP
●Public Law, Fourth Edition, Mark Elliott, Robert Thomas, Published by OUP
Criminal Law
20 credits • 100 GLH • 200 TQT
Unit Aims
This unit aims to provide learners with knowledge on the fundamental requirements of actus reus and mens rea within any criminal conviction. The unit will also consider the common law and statutory governance of violent crimes and non-violent crimes. Learners will be informed on potential capacity and necessity defences to criminal conduct, and the reasoned applicability of these defences.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the actus reus and
mens rea requirements of
criminal offences.
1.1Explain the nature of criminal conduct.
1.2Define the requirement of actus reus.
1.3Define the requirements of mens rea.
1.4Assess the relationship between actus reus and
mens rea.
●Criminal conduct as an act against the state
●The presumption of innocence and the standard of
proof in a criminal court
●Both actus reus and mens rea must be proven
beyond a reasonable doubt for any criminal
conviction
●Actus reus- guilty act; all the elements of the
offence other than the mens rea.
●Actus reus- voluntary and involuntary acts, liability
for omissions where a legal duty of care exists
●Actus reus- factual and legal causation, novus
actus interveniens, third party breaks in chain of
causation
●Mens rea, guilty mind- the defendant must intend
the consequences of his act, intention requires a
high degree of fault to be proven.
●Foresight of virtual certainty
●Transferred mens area, transferred malice,
subjective recklessness, negligence and gross
negligence, coincidence of actus reus and mens
rea
●Specific intent offences- intention is the mens rea.
●Basic intent offences- mens rea can be proven by
recklessness.
●Strict liability offences as an exception to the actus
reus and mens rea requirements
●Strict liability where the court will, and will not,
presume mens rea
2.Understand the classification of
violent offences and non-violent
offences.
2.1Explain common law offences against the person.
2.2Describe fatal statutory offences against the
person.
2.3Explain offences of assault and battery.
2.4Describe non-violent offences.
●Common law offence of murder
●The offence of manslaughter, constructive
manslaughter, gross negligence manslaughter,
subjective reckless manslaughter
●Voluntary and involuntary manslaughter
●Unlawful act manslaughter
●Common law assault and battery occasioning
actual bodily harm
●Offences Against the Person Act 1861, assault
and battery occasioning actual bodily harm,
unlawful and malicious wounding or causing
grievous bodily harm with intent.
●Joint endeavours
●Non violent offences- Criminal Damage, Property
offences, Theft Act 1968 , theft, robbery , fraud
offences and blackmail
●Computer Crime- The Computer Misuse Act 1990
s1 liability for attempt to access unauthorised data.
●The actus reus- causing the computer to ‘perform
any function’
●The mens rea- intention to access unauthorised
data/program, defendant must be aware they do
not have authorisation to access
3.Understand defences to
criminal conduct.
3.1 Define self-defence.
3.2 Explain the insanity defence.
3.3 Describe the criminal liability of minors.
●Capacity defences- voluntary and involuntary
intoxication, intoxication by legal and illegal
substances, automatism, mistake
●Necessity- a very limited defence
●Self defence is a complete defence. Defendant
believed they were facing an unjust threat and
responded with a reasonable level of force.
●Common law self defence
●Statutory self defence Criminal Law Act 1967,
including assisting others and prevention of crime
●Insanity defence- defendant claims they were
insane at the time of the offence
●Insanity- a defect of reasoning or disease of the
mind. The defendant did not know the nature or
quality of their actions or did not know their action
was wrongdoing.
●Diminished responsibility defence and insanity
defence.
●Duress, coercion and entrapment defences
●Minors criminal liability- children under 10 years of
age, Children and Young Persons Act 1933. May
have civil repercussions for criminal actions.
●Minors aged 10-14 years, Crime and Disorder Act
1998, capacity for criminal liability and
understanding of wrongful nature of the actions.
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●Ashworth's Principles of Criminal Law, Tenth Edition, Jeremy Horder, April 2022, Published by OUP
●Criminal Law, 17
th
Edition, Smith; Hogan; Ormerod, Published by OUP
LEVEL 5 UNIT SPECIFICATIONS
Company Law and Corporate Governance
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the actus reus and
mens rea requirements of
criminal offences.
1.1Explain the nature of criminal conduct.
1.2Define the requirement of actus reus.
1.3Define the requirements of mens rea.
1.4Assess the relationship between actus reus and
mens rea.
●Criminal conduct as an act against the state
●The presumption of innocence and the standard of
proof in a criminal court
●Both actus reus and mens rea must be proven
beyond a reasonable doubt for any criminal
conviction
●Actus reus- guilty act; all the elements of the
offence other than the mens rea.
●Actus reus- voluntary and involuntary acts, liability
for omissions where a legal duty of care exists
●Actus reus- factual and legal causation, novus
actus interveniens, third party breaks in chain of
causation
●Mens rea, guilty mind- the defendant must intend
the consequences of his act, intention requires a
high degree of fault to be proven.
●Foresight of virtual certainty
●Transferred mens area, transferred malice,
subjective recklessness, negligence and gross
negligence, coincidence of actus reus and mens
rea
●Specific intent offences- intention is the mens rea.
●Basic intent offences- mens rea can be proven by
recklessness.
●Strict liability offences as an exception to the actus
reus and mens rea requirements
●Strict liability where the court will, and will not,
presume mens rea
2.Understand the classification of
violent offences and non-violent
offences.
2.1Explain common law offences against the person.
2.2Describe fatal statutory offences against the
person.
2.3Explain offences of assault and battery.
2.4Describe non-violent offences.
●Common law offence of murder
●The offence of manslaughter, constructive
manslaughter, gross negligence manslaughter,
subjective reckless manslaughter
●Voluntary and involuntary manslaughter
●Unlawful act manslaughter
●Common law assault and battery occasioning
actual bodily harm
●Offences Against the Person Act 1861, assault
and battery occasioning actual bodily harm,
unlawful and malicious wounding or causing
grievous bodily harm with intent.
●Joint endeavours
●Non violent offences- Criminal Damage, Property
offences, Theft Act 1968 , theft, robbery , fraud
offences and blackmail
●Computer Crime- The Computer Misuse Act 1990
s1 liability for attempt to access unauthorised data.
●The actus reus- causing the computer to ‘perform
any function’
●The mens rea- intention to access unauthorised
data/program, defendant must be aware they do
not have authorisation to access
3.Understand defences to
criminal conduct.
3.1 Define self-defence.
3.2 Explain the insanity defence.
3.3 Describe the criminal liability of minors.
●Capacity defences- voluntary and involuntary
intoxication, intoxication by legal and illegal
substances, automatism, mistake
●Necessity- a very limited defence
●Self defence is a complete defence. Defendant
believed they were facing an unjust threat and
responded with a reasonable level of force.
●Common law self defence
●Statutory self defence Criminal Law Act 1967,
including assisting others and prevention of crime
●Insanity defence- defendant claims they were
insane at the time of the offence
●Insanity- a defect of reasoning or disease of the
mind. The defendant did not know the nature or
quality of their actions or did not know their action
was wrongdoing.
●Diminished responsibility defence and insanity
defence.
●Duress, coercion and entrapment defences
●Minors criminal liability- children under 10 years of
age, Children and Young Persons Act 1933. May
have civil repercussions for criminal actions.
●Minors aged 10-14 years, Crime and Disorder Act
1998, capacity for criminal liability and
understanding of wrongful nature of the actions.
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All 1 to 3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●Ashworth's Principles of Criminal Law, Tenth Edition, Jeremy Horder, April 2022, Published by OUP
●Criminal Law, 17
th
Edition, Smith; Hogan; Ormerod, Published by OUP
LEVEL 5 UNIT SPECIFICATIONS
Company Law and Corporate Governance
20 credits • 100 GLH • 200 TQT
Unit Aims
Company Law is considered one of the most important concepts in English law; and is the foundation of the business economy. You will develop a sound knowledge of the substantive and procedural aspects of company law with a practical understanding of the legal aspects of setting up and running private limited companies, concepts of insolvency and liquidation and the role of corporate governance in the management of companies. This unit will provide you with an appreciation of business organisations; offering a solid foundation for those wishing to progress to professional qualification courses and key transferable skills essential for employment.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative Content
1.Understand the general principles
of formation of a company in UK
law.
1.1Define types of companies
1.2Demonstrate an understanding between limited
companies and other types of business
1.3Show understanding of limited liability and
situations where the courts ‘lift the veil’.
1.4Define Articles of Association.
1.5Define Articles of Memorandum.
●The advantages and disadvantages of setting up
a limited company
●Registration
●The differences between corporated and
non-incorporated associations
●Separate personality - The rule in Salomon v
Salomon & Co Ltd and its development
●Lifting the veil of incorporation
●Articles of Association and how this operates
●Memorandum of Association and how this
operations
2.Understand the role of corporate
governance in the management of
companies
2.1Demonstrate understanding of corporate
governance.
2.2Demonstrate understanding of control.
2.3Define duties of various stake holders.
2.4Define shares and shareholders.
2.5Explain the process of and restrictions on the
transfer and transmission of unlisted shares.
2.6Explain the concept of and the restrictions on
insider dealing
2.7Explain how a company deals with the outside
world.
●Corporate accountability (stakeholder v
shareholder issues). Problems arising from the
separation of ownership and control, including
executive compensation and shareholder
engagement.
●Management of the company: Directors and other
officers. Appointment, Retirement, Dismissal.
Disqualification, Meetings, Voting, Resolutions.
●Directors Duties – general and codification under
the Companies Act 2006
●Statutory controls on directors, including rules on
self-dealing and the criminalisation of insider
trading.
●The enforcement of directors’ duties, including
rule in Foss v Harbottle and the statutory
derivative claim.
●Shareholders and ownership
●Minority Shareholders and their rights
●Differences between shares and debentures.
●Rights of different classes and the variation of
share rights
●The growth and decline of the doctrines of ultra
vires and constructive notice
●Unlisted shares: discretion to refuse to register;
Articles of association; must give notice; s776
Companies Act 2006; forged transfer of shares
involving a forged certificate.
●Market Abuse Definition: The UK Market Abuse
Regulation (post-Brexit) (‘MAR’); transactions by
directors and senior managers (Article 19 MAR);
sanctions and role of the Financial Conduct
Authority, criminal offences under the Criminal
Justice Act 1993 s52 definitions; ss54-60 terms
defined; s53 defences; s63 penalties.
●Vicarious liability and the alter ego doctrine
3.Understand the concepts of
insolvency and liquidation.
3.1Explain the company voluntary arrangement
(CVA).
3.2Analyse the differences between receivership,
administrative receivership and administration,
and the standalone moratorium scheme.
3.3Explain the term ‘’winding up’’
3.4Analyse the avoidance provisions and potential
liability of company officers.
3.5Analyse a given situation based on an
understanding of insolvency and liquidation.
3.6Evaluate a given issue or situation to predict
probable legal implications.
●Definition of insolvency;
oCompany Voluntary Arrangement: Insolvency
Act 1986 as amended IA 2000;
oprocess;
osupervisor;
oproposal;
omeetings and approval;
ofailure into administration;
osuccess into solvency;
oschemes of arrangement CA;
orelevant case law eg Prudential v PRG
oPowerhouse (2007).
●Application of the standalone moratorium scheme
(introduced through the Corporate Insolvency and
Governance Act 2020), Enterprise Act 2002
Schedule B1, administrator appointment:
purposes;
receiver’s appointment; : purposes;
administrative receiver’s appointment: purposes;
effects of appointment of each: role, powers and
duties; avoidance powers; collection and
distribution; the Enterprise Act 2002 and the
removal of
Crown priority; the introduction of ‘top-slicing’; the
administrator’s duty of care and the costs of
administration, e.g. MC Bacon (1991).
Creditors’ and members’ voluntary winding up;
process; resolutions; statements; appointment of
liquidator; effect; priority of creditors; court winding
up, s124 Insolvency Act 1986
●Application of understanding to a complex
scenario.
●A reasoned opinion of likely legal implications,
including remedies and defences, where
appropriate
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All LO 1-3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
Company Law: Twelfth Edition; By Alan Dignam, John Lowry, published OUP
Company Law, 2
nd
Edition, by Lee Roach, published OUP
Employment Law
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative Content
1.Understand the general principles
of formation of a company in UK
law.
1.1Define types of companies
1.2Demonstrate an understanding between limited
companies and other types of business
1.3Show understanding of limited liability and
situations where the courts ‘lift the veil’.
1.4Define Articles of Association.
1.5Define Articles of Memorandum.
●The advantages and disadvantages of setting up
a limited company
●Registration
●The differences between corporated and
non-incorporated associations
●Separate personality - The rule in Salomon v
Salomon & Co Ltd and its development
●Lifting the veil of incorporation
●Articles of Association and how this operates
●Memorandum of Association and how this
operations
2.Understand the role of corporate
governance in the management of
companies
2.1Demonstrate understanding of corporate
governance.
2.2Demonstrate understanding of control.
2.3Define duties of various stake holders.
2.4Define shares and shareholders.
2.5Explain the process of and restrictions on the
transfer and transmission of unlisted shares.
2.6Explain the concept of and the restrictions on
insider dealing
2.7Explain how a company deals with the outside
world.
●Corporate accountability (stakeholder v
shareholder issues). Problems arising from the
separation of ownership and control, including
executive compensation and shareholder
engagement.
●Management of the company: Directors and other
officers. Appointment, Retirement, Dismissal.
Disqualification, Meetings, Voting, Resolutions.
●Directors Duties – general and codification under
the Companies Act 2006
●Statutory controls on directors, including rules on
self-dealing and the criminalisation of insider
trading.
●The enforcement of directors’ duties, including
rule in Foss v Harbottle and the statutory
derivative claim.
●Shareholders and ownership
●Minority Shareholders and their rights
●Differences between shares and debentures.
●Rights of different classes and the variation of
share rights
●The growth and decline of the doctrines of ultra
vires and constructive notice
●Unlisted shares: discretion to refuse to register;
Articles of association; must give notice; s776
Companies Act 2006; forged transfer of shares
involving a forged certificate.
●Market Abuse Definition: The UK Market Abuse
Regulation (post-Brexit) (‘MAR’); transactions by
directors and senior managers (Article 19 MAR);
sanctions and role of the Financial Conduct
Authority, criminal offences under the Criminal
Justice Act 1993 s52 definitions; ss54-60 terms
defined; s53 defences; s63 penalties.
●Vicarious liability and the alter ego doctrine
3.Understand the concepts of
insolvency and liquidation.
3.1Explain the company voluntary arrangement
(CVA).
3.2Analyse the differences between receivership,
administrative receivership and administration,
and the standalone moratorium scheme.
3.3Explain the term ‘’winding up’’
3.4Analyse the avoidance provisions and potential
liability of company officers.
3.5Analyse a given situation based on an
understanding of insolvency and liquidation.
3.6Evaluate a given issue or situation to predict
probable legal implications.
●Definition of insolvency;
oCompany Voluntary Arrangement: Insolvency
Act 1986 as amended IA 2000;
oprocess;
osupervisor;
oproposal;
omeetings and approval;
ofailure into administration;
osuccess into solvency;
oschemes of arrangement CA;
orelevant case law eg Prudential v PRG
oPowerhouse (2007).
●Application of the standalone moratorium scheme
(introduced through the Corporate Insolvency and
Governance Act 2020), Enterprise Act 2002
Schedule B1, administrator appointment:
purposes;
receiver’s appointment; : purposes;
administrative receiver’s appointment: purposes;
effects of appointment of each: role, powers and
duties; avoidance powers; collection and
distribution; the Enterprise Act 2002 and the
removal of
Crown priority; the introduction of ‘top-slicing’; the
administrator’s duty of care and the costs of
administration, e.g. MC Bacon (1991).
Creditors’ and members’ voluntary winding up;
process; resolutions; statements; appointment of
liquidator; effect; priority of creditors; court winding
up, s124 Insolvency Act 1986
●Application of understanding to a complex
scenario.
●A reasoned opinion of likely legal implications,
including remedies and defences, where
appropriate
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
All LO 1-3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
Company Law: Twelfth Edition; By Alan Dignam, John Lowry, published OUP
Company Law, 2
nd
Edition, by Lee Roach, published OUP
Employment Law
20 credits • 100 GLH • 200 TQT
Unit Aims
The aim of this unit is to introduce learners to employment law as it applies to businesses. Learners will do this through application of the law to employment situations and will consider the meaning and effect of contracts of employment, laws governing equality and discrimination and redundancy. Centres should ensure that the most up-to-date employment laws are studied.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand key concepts and
themes in the development of
employment law and contracts.
1.1Discuss the development of employment law.
1.2Describe the formation of a contract of
employment and the personal scope of
employment law.
1.3Define issues surrounding termination of contract
and breach of contract.
1.4Discuss the operation of unfair and constructive
dismissal and situations where it can arise.
1.5Discuss the operation of wrongful dismissal and
situations where it can arise.
●An introduction to employment law including its
judicial and administrative structure, sources and
materials
●Define employee/employer
●Control test, Integration test, Multiple test
●Independent contractors
●Formation of contract of employment, express
and implied terms
●Duties of employee and employer
1.6Evaluate an issue or situation to predict probable
legal implications.
●Fundamental breach
●Wrongful dismissal
●Unfair dismissal, automatically unfair dismissal
●Remedies
●Redundancy
●A reasoned opinion of likely legal implications,
including remedies and defences, where
appropriate
2.Understand the law relating to
equality and discrimination.
2.1Analyse the types of protected characteristics and
discrimination arising from the Equality Act 2010.
2.2Explain the provisions on equal pay under the
Equality Act 2010 and the defences available.
2.3Explain the various types of disability
discrimination under the Equality Act 2010.
2.4Explain the legal consequences following a breach
of discrimination legislation.
2.5Analyse an issue or situation based on an
understanding of discrimination law.
2.6Evaluate an issue or situation to predict probable
legal implications.
●Protected characteristics – age, disability,
gender reassignment, marriage and civil
partnership, race, religion and belief, sex
discrimination, sexual orientation, pregnancy and
maternity
●EU and Equal Pay, equality clause, claiming
equality, Equality Act 2010, equal value,
remedies
●Equality – Equality Act 2010
●Gender pay gap, Executive pay ratio reporting:
●Disability discrimination ie
oDirect discrimination
oIndirect discrimination
oHarassment
oVictimisation
●Enforcement of discrimination legislation
including procedure, judicial mediation, time
limits and remedies including compensation
including injuries to feelings and quantum; •
declaration of rights, effectiveness of remedies.
●Application of understanding to an issue or
situation concerning discrimination law.
●A reasoned opinion of likely legal implications,
including remedies and defences, where
appropriate.
3.Understand the law governing
redundancy.
3.1Define when redundancy arises.
3.2Analyse the elements of a properly implemented
redundancy procedure.
3.3Explain the legal consequences of redundancy.
3.4Analyse an issue or situation based on an
understanding of laws governing redundancy.
3.5Evaluate a given issue or situation to predict
probable legal implications arising from
redundancy.
●Definition
●Contents of a redundancy policy: planning,
identifying the pool for selection, invitation of
volunteers, consultation - collective duty to
consult trade union representatives: Trade Union
and Labour Relations Act 1992 s188
●Individual consultation in all cases,
●Use of objective selection criteria, advance
notice of individual consultation meeting,
permitting a colleague to be present at
consultation meetings, opportunity to appeal,
allowing
●Legal consequences: seeking of suitable
alternative employment, statutory or other
redundancy payment, relocation expenses,
helping redundant employees obtain training or
alternative work;
●The Collective Redundancies and Transfer of
Undertakings (Protection of Employment) and
(Amendment) Regulations 1999 (TUPE) and
Amendment Regulations 2006, SI 2006/2387; •
effectiveness of process and legislation;
proposals for reform.
●The position following a properly implemented
redundancy: the right to a redundancy payment,
calculation of payment; the position following a
poorly implemented redundancy; prima facie
presumption of fair dismissal: consideration of if
it would be just and equitable to treat the
redundancy dismissal as unfair: unfairness if the
selection of a particular individual for redundancy
was unfair or if proper procedures (especially
consultation) were not followed;
●Application of understanding to an issue or
situation concerning redundancy provisions
●A reasoned opinion of likely legal implications,
legal implications for redundancy; ie where an
employee can claim redundancy payment when
an employer is insolvent; protective award
imposed on employer if collective redundancy
procedure is not complied with.
4.Understand recent
developments in Employment
Law.
4.1Analyse the impact and challenges around flexible
working.
4.2Evaluate the rights for employee and employer
around monitoring employees during flexible
working.
4.3Explain the impact of the gig economy and
zero-hour contracts for the employee and
employer.
●Changes to contracts to give flexible working
●Flexible working rights
●Monitoring employees work in flexible conditions
●Monitoring employees working at home
●GDPR and rights for employees
●GDPR and duties of employer
●The gig economy and zero hour contracts
●Changes in law relating to gig economy and
zero-hour contracts
●The future of employment law
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-4 All ACs under LO1 to LO4 Portfolio of evidence 3000 words
Indicative Reading List
●· Selwyn's Law of Employment Paperback, 22
nd
Edition; by Astra Emir, published by OUP
●· Smith & Wood's Employment Law: sixteenth Edition; By Ian Smith, Aaron Baker, Owen Warnock; Published OUP
International Business Law
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand key concepts and
themes in the development of
employment law and contracts.
1.1Discuss the development of employment law.
1.2Describe the formation of a contract of
employment and the personal scope of
employment law.
1.3Define issues surrounding termination of contract
and breach of contract.
1.4Discuss the operation of unfair and constructive
dismissal and situations where it can arise.
1.5Discuss the operation of wrongful dismissal and
situations where it can arise.
●An introduction to employment law including its
judicial and administrative structure, sources and
materials
●Define employee/employer
●Control test, Integration test, Multiple test
●Independent contractors
●Formation of contract of employment, express
and implied terms
●Duties of employee and employer
1.6Evaluate an issue or situation to predict probable
legal implications.
●Fundamental breach
●Wrongful dismissal
●Unfair dismissal, automatically unfair dismissal
●Remedies
●Redundancy
●A reasoned opinion of likely legal implications,
including remedies and defences, where
appropriate
2.Understand the law relating to
equality and discrimination.
2.1Analyse the types of protected characteristics and
discrimination arising from the Equality Act 2010.
2.2Explain the provisions on equal pay under the
Equality Act 2010 and the defences available.
2.3Explain the various types of disability
discrimination under the Equality Act 2010.
2.4Explain the legal consequences following a breach
of discrimination legislation.
2.5Analyse an issue or situation based on an
understanding of discrimination law.
2.6Evaluate an issue or situation to predict probable
legal implications.
●Protected characteristics – age, disability,
gender reassignment, marriage and civil
partnership, race, religion and belief, sex
discrimination, sexual orientation, pregnancy and
maternity
●EU and Equal Pay, equality clause, claiming
equality, Equality Act 2010, equal value,
remedies
●Equality – Equality Act 2010
●Gender pay gap, Executive pay ratio reporting:
●Disability discrimination ie
oDirect discrimination
oIndirect discrimination
oHarassment
oVictimisation
●Enforcement of discrimination legislation
including procedure, judicial mediation, time
limits and remedies including compensation
including injuries to feelings and quantum; •
declaration of rights, effectiveness of remedies.
●Application of understanding to an issue or
situation concerning discrimination law.
●A reasoned opinion of likely legal implications,
including remedies and defences, where
appropriate.
3.Understand the law governing
redundancy.
3.1Define when redundancy arises.
3.2Analyse the elements of a properly implemented
redundancy procedure.
3.3Explain the legal consequences of redundancy.
3.4Analyse an issue or situation based on an
understanding of laws governing redundancy.
3.5Evaluate a given issue or situation to predict
probable legal implications arising from
redundancy.
●Definition
●Contents of a redundancy policy: planning,
identifying the pool for selection, invitation of
volunteers, consultation - collective duty to
consult trade union representatives: Trade Union
and Labour Relations Act 1992 s188
●Individual consultation in all cases,
●Use of objective selection criteria, advance
notice of individual consultation meeting,
permitting a colleague to be present at
consultation meetings, opportunity to appeal,
allowing
●Legal consequences: seeking of suitable
alternative employment, statutory or other
redundancy payment, relocation expenses,
helping redundant employees obtain training or
alternative work;
●The Collective Redundancies and Transfer of
Undertakings (Protection of Employment) and
(Amendment) Regulations 1999 (TUPE) and
Amendment Regulations 2006, SI 2006/2387; •
effectiveness of process and legislation;
proposals for reform.
●The position following a properly implemented
redundancy: the right to a redundancy payment,
calculation of payment; the position following a
poorly implemented redundancy; prima facie
presumption of fair dismissal: consideration of if
it would be just and equitable to treat the
redundancy dismissal as unfair: unfairness if the
selection of a particular individual for redundancy
was unfair or if proper procedures (especially
consultation) were not followed;
●Application of understanding to an issue or
situation concerning redundancy provisions
●A reasoned opinion of likely legal implications,
legal implications for redundancy; ie where an
employee can claim redundancy payment when
an employer is insolvent; protective award
imposed on employer if collective redundancy
procedure is not complied with.
4.Understand recent
developments in Employment
Law.
4.1Analyse the impact and challenges around flexible
working.
4.2Evaluate the rights for employee and employer
around monitoring employees during flexible
working.
4.3Explain the impact of the gig economy and
zero-hour contracts for the employee and
employer.
●Changes to contracts to give flexible working
●Flexible working rights
●Monitoring employees work in flexible conditions
●Monitoring employees working at home
●GDPR and rights for employees
●GDPR and duties of employer
●The gig economy and zero hour contracts
●Changes in law relating to gig economy and
zero-hour contracts
●The future of employment law
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-4 All ACs under LO1 to LO4 Portfolio of evidence 3000 words
Indicative Reading List
●· Selwyn's Law of Employment Paperback, 22
nd
Edition; by Astra Emir, published by OUP
●· Smith & Wood's Employment Law: sixteenth Edition; By Ian Smith, Aaron Baker, Owen Warnock; Published OUP
International Business Law
20 credits • 100 GLH • 200 TQT
Unit Aims
The development of the internet has made it easier for purchases of goods and services to be carried out internationally. This module will equip you with the knowledge around purchasing goods at national and international level. You will also investigate how goods are shipped and rights and responsibilities of parties relating to international business and where liabilities fall if there is a dispute.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the key concepts and
principles of the law of sale of
goods;
1.1 Discuss the Sale of Goods Act 1979, where it
applies, and the amendments made by subsequent
legislation
1.2 Explain the law surrounding passing of property
and risk and when property passes understand when
frustration may apply to goods
1.3 Understand the rules of frustration
1.4 Define retention of title clauses.
●Sale of Goods Act 1979 – where it applies to
sale of goods and in what form
●Recent amendments by legislations to SOGA
●Where Sale of Goods Act applies and where
exclusion may apply
●Implied terms: analysis of the terms relating to
the legal right to sell goods, description,
satisfactory quality and fit for particular purpose.
●Consumer Rights Act 2015
●Distance Selling Regulations: exploration of the
rights and liabilities accrued through selling
goods via the internet, mail order and telephone
sales schemes.
●Passing of property - S18 Rules
●Risk – S20
●Frustration – unascertained good
●Retention of Title Clauses – s17/19 ROMALPA -
Aluminium Industrie Vaasen BV v Romalpa
Aluminium Ltd [1976] 1 WLR 676 – subsequent
cases limiting/developing this principle
2.Understand the different types of
international sales contracts;
2.1 Explain common forms of international sale
contracts
2.2 Analyse the rules around international contracts
and understand the need for harmonisation and
INCOTERMS/ICC
2.3 Evaluate the principles of main examples of
international contracts, including; Cost, Insurance,
Freight- (CIF), Free On Board (FOB), Ex ship and Ex
Works
2.4 Define where transfer of property and risk take
place in international contracts
2.5 Discuss how rights of rejection affect CIF
●Shorthand standard form contracts eg fob, cif,
●How shorthand contracts are modified by the
express or implied agreement of the parties.
Roskill LJ in The Albazero [1977] AC 774, 809
●INCOTERMS/ International Chamber of
Commerce
●Vienna Convention 1980 (United Nations
Convention on Contracts for the International
Sale of Goods “CISG”).
●Some main examples of contracts, e.g. Ex
works, Ex ship on arrival contracts, FOB, CIF,
Delivery duty paid
●Transfer of property and risk - Sale of documents
and contract - Comptoir d’Achat et de Vente
Boerenbond Belge SA v Luis Ridder Limitada
(The Julia) [1949] 1 All ER 269
●Rights of Rejection - Kwei Tek Chao v British
Traders
3. Understand the rules on
international arbitration and various
alternative dispute mechanisms
3.1 Explain the law governing the contract/substantive
dispute
3.2 Analyse the law governing the arbitral agreement
and arbitral process
3.3 Discuss the law governing the enforcement of the
award
3.4 Analyse the concept and rules surrounding
Mediation
3.5 Define Conciliation and how it adapts principles of
mediation
●Arbitration Act 1996, in particular s46 on
governing
●London Court of International Arbitration -
LCIA Rules Art 22.3
●International Chamber of Commerce - ICC
Rules art 21.1
●United Nations Commission on International
Trade Law (UNCITRAL) art 35
●Procedure and seat - Braes of Doune Wind
Farm [2008] EWHC 426 (TCC)
●Body of law most closely connected to
(arbitral agreement)
●Governing – law of the seat C v D [2007]
EWCA Civ 1282
●United Nations Convention on Recognition
and Enforcement of Foreign Arbitral Awards
1958 (New York Convention)
●Challenging arbitral awards
●Arbitration Act 1996
●Reasoned awards – awards lacking reasons
●The Agios Dimitrios [2005] 1 Lloyd’s Rep 23
●Mediation – definition – Centre for Effective
Dispute Resolution - CEDR
●Facilitative vs Evaluative
●Commercial disadvantages
●Party/tribunal control
●UNCITRAL Rules - Model Law on
International Commercial Conciliation
●EU Directive 2008/52/EC
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-3 All ACs under LO1 to LO3 Coursework 3000 words
Indicative Reading List
International Trade Law, 6th Edition, by Indira Carr, Peter Stone, Published by Routledge
Atiyah and Adams' Sale of Goods, 14th Edition, by Rick Canavan, Christian Twigg-Flesner, published by Pearson
Land Law
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the key concepts and
principles of the law of sale of
goods;
1.1 Discuss the Sale of Goods Act 1979, where it
applies, and the amendments made by subsequent
legislation
1.2 Explain the law surrounding passing of property
and risk and when property passes understand when
frustration may apply to goods
1.3 Understand the rules of frustration
1.4 Define retention of title clauses.
●Sale of Goods Act 1979 – where it applies to
sale of goods and in what form
●Recent amendments by legislations to SOGA
●Where Sale of Goods Act applies and where
exclusion may apply
●Implied terms: analysis of the terms relating to
the legal right to sell goods, description,
satisfactory quality and fit for particular purpose.
●Consumer Rights Act 2015
●Distance Selling Regulations: exploration of the
rights and liabilities accrued through selling
goods via the internet, mail order and telephone
sales schemes.
●Passing of property - S18 Rules
●Risk – S20
●Frustration – unascertained good
●Retention of Title Clauses – s17/19 ROMALPA -
Aluminium Industrie Vaasen BV v Romalpa
Aluminium Ltd [1976] 1 WLR 676 – subsequent
cases limiting/developing this principle
2.Understand the different types of
international sales contracts;
2.1 Explain common forms of international sale
contracts
2.2 Analyse the rules around international contracts
and understand the need for harmonisation and
INCOTERMS/ICC
2.3 Evaluate the principles of main examples of
international contracts, including; Cost, Insurance,
Freight- (CIF), Free On Board (FOB), Ex ship and Ex
Works
2.4 Define where transfer of property and risk take
place in international contracts
2.5 Discuss how rights of rejection affect CIF
●Shorthand standard form contracts eg fob, cif,
●How shorthand contracts are modified by the
express or implied agreement of the parties.
Roskill LJ in The Albazero [1977] AC 774, 809
●INCOTERMS/ International Chamber of
Commerce
●Vienna Convention 1980 (United Nations
Convention on Contracts for the International
Sale of Goods “CISG”).
●Some main examples of contracts, e.g. Ex
works, Ex ship on arrival contracts, FOB, CIF,
Delivery duty paid
●Transfer of property and risk - Sale of documents
and contract - Comptoir d’Achat et de Vente
Boerenbond Belge SA v Luis Ridder Limitada
(The Julia) [1949] 1 All ER 269
●Rights of Rejection - Kwei Tek Chao v British
Traders
3. Understand the rules on
international arbitration and various
alternative dispute mechanisms
3.1 Explain the law governing the contract/substantive
dispute
3.2 Analyse the law governing the arbitral agreement
and arbitral process
3.3 Discuss the law governing the enforcement of the
award
3.4 Analyse the concept and rules surrounding
Mediation
3.5 Define Conciliation and how it adapts principles of
mediation
●Arbitration Act 1996, in particular s46 on
governing
●London Court of International Arbitration -
LCIA Rules Art 22.3
●International Chamber of Commerce - ICC
Rules art 21.1
●United Nations Commission on International
Trade Law (UNCITRAL) art 35
●Procedure and seat - Braes of Doune Wind
Farm [2008] EWHC 426 (TCC)
●Body of law most closely connected to
(arbitral agreement)
●Governing – law of the seat C v D [2007]
EWCA Civ 1282
●United Nations Convention on Recognition
and Enforcement of Foreign Arbitral Awards
1958 (New York Convention)
●Challenging arbitral awards
●Arbitration Act 1996
●Reasoned awards – awards lacking reasons
●The Agios Dimitrios [2005] 1 Lloyd’s Rep 23
●Mediation – definition – Centre for Effective
Dispute Resolution - CEDR
●Facilitative vs Evaluative
●Commercial disadvantages
●Party/tribunal control
●UNCITRAL Rules - Model Law on
International Commercial Conciliation
●EU Directive 2008/52/EC
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-3 All ACs under LO1 to LO3 Coursework 3000 words
Indicative Reading List
International Trade Law, 6th Edition, by Indira Carr, Peter Stone, Published by Routledge
Atiyah and Adams' Sale of Goods, 14th Edition, by Rick Canavan, Christian Twigg-Flesner, published by Pearson
Land Law
20 credits • 100 GLH • 200 TQT
Unit Aims
Who owns property? What rights do you have over other peoples’ land? This module will introduce you to the area of land law and the rights and responsibilities that come with owning land. You will understand what constitutes ownership, the difference between legal and equitable ownership, and how to address legal issues, such as easements, covenants and third-party rights.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the concepts of
ownership, co-ownership and
other proprietary rights in land
1.1Explain the nature of Land and what constitutes
land.
1.2Explain how land can be ‘owned’ (historical origins
and modern significance including estates in land)
1.3Evaluate different kinds of third-party rights in land.
1.4Analyse the difference between registered and
unregistered land and the legal issues that arises
Introduction to fundamental property principles
Fundamental distinctions between personal and
proprietary rights and remedies
Understand how equity operates
Legal and equitable ownership
Legal and equitable interests in land
Formality requirements for the creation and
Disposition of interests in land and the two systems
for proving ownership of land and rights in land.
Registered and unregistered land
Enforcement of third-party rights in the unregistered
system
Enforcement of third-party rights in the registered
system
2 Understand the differences in
ownership and interests relating to
leases, licences and mortgages on
land.
2.1 Explain proprietary estoppel.
2.2 Explain different types of licences.
2.3 Discuss how legal mortgages are created and how
these are protected.
2.4 Explain remedies a lender has where a borrower
defaults.
●Unregistered and registered title-deed
conveyancing; leases, licences and leasehold
covenants; trusts
●Proprietary Estoppel and licences
●Different types of licence
●Establishing the estoppel;
●Remedies.
●Mortgages
●Historical Development of the mortgage of land;
●Creation of legal mortgages;
●Protection of borrower and the equity of
redemption;
●Lender’s remedies where borrower defaults;
3 Understand the legal situation
relating to land interests and
evaluate applicable statutory and
common law measures.
3.1Explain the distinction between restrictive
covenants and positive covenants
3.2Analyse limitations on absolute ownership of land
3.3Define characteristics of easements and how
these can be created
3.4Evaluate the impact of easements and
enforcement of easements on absolute ownership
of land
●Freehold Covenants
●Restrictive/positive conenants
●Introduction to basic principles of convenants
and how these are created
●Discussion on consideration of how covenants
place limitations on absolute ownership of land
●Enforcement of covenants between the original
parties;
●Enforcement of covenants between successors
in title to the original parties
●Protection of covenants in the registered and
unregistered system
●The consequences of breaching covenants
●Modifying and discharging covenants.
●Introduction to easements
●Contrast easements with other rights
●How do easements limit a landowner’s absolute
ownership of land?
●Characteristics of an easement;
●Creation of legal easements, including express
creation, implied creation and prescription;
●Extinguishing easements.
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●· Textbook on Land Law: 18
th
Edition; By Judith-Anne Mackenzie, Mary Elizabeth Phillips, Published by OUP
●· Property Law, 11
th
Edition; By Roger Smith; Published by Pearson
Additional Resources
●Land Registry http://www.landregistry.gov.uk/
●Lands Tribunal http://www.landstribunal.gov.uk/
●Law Commission http://www.lawcom.gov.uk/
Tort Law
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand the concepts of
ownership, co-ownership and
other proprietary rights in land
1.1Explain the nature of Land and what constitutes
land.
1.2Explain how land can be ‘owned’ (historical origins
and modern significance including estates in land)
1.3Evaluate different kinds of third-party rights in land.
1.4Analyse the difference between registered and
unregistered land and the legal issues that arises
Introduction to fundamental property principles
Fundamental distinctions between personal and
proprietary rights and remedies
Understand how equity operates
Legal and equitable ownership
Legal and equitable interests in land
Formality requirements for the creation and
Disposition of interests in land and the two systems
for proving ownership of land and rights in land.
Registered and unregistered land
Enforcement of third-party rights in the unregistered
system
Enforcement of third-party rights in the registered
system
2 Understand the differences in
ownership and interests relating to
leases, licences and mortgages on
land.
2.1 Explain proprietary estoppel.
2.2 Explain different types of licences.
2.3 Discuss how legal mortgages are created and how
these are protected.
2.4 Explain remedies a lender has where a borrower
defaults.
●Unregistered and registered title-deed
conveyancing; leases, licences and leasehold
covenants; trusts
●Proprietary Estoppel and licences
●Different types of licence
●Establishing the estoppel;
●Remedies.
●Mortgages
●Historical Development of the mortgage of land;
●Creation of legal mortgages;
●Protection of borrower and the equity of
redemption;
●Lender’s remedies where borrower defaults;
3 Understand the legal situation
relating to land interests and
evaluate applicable statutory and
common law measures.
3.1Explain the distinction between restrictive
covenants and positive covenants
3.2Analyse limitations on absolute ownership of land
3.3Define characteristics of easements and how
these can be created
3.4Evaluate the impact of easements and
enforcement of easements on absolute ownership
of land
●Freehold Covenants
●Restrictive/positive conenants
●Introduction to basic principles of convenants
and how these are created
●Discussion on consideration of how covenants
place limitations on absolute ownership of land
●Enforcement of covenants between the original
parties;
●Enforcement of covenants between successors
in title to the original parties
●Protection of covenants in the registered and
unregistered system
●The consequences of breaching covenants
●Modifying and discharging covenants.
●Introduction to easements
●Contrast easements with other rights
●How do easements limit a landowner’s absolute
ownership of land?
●Characteristics of an easement;
●Creation of legal easements, including express
creation, implied creation and prescription;
●Extinguishing easements.
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●· Textbook on Land Law: 18
th
Edition; By Judith-Anne Mackenzie, Mary Elizabeth Phillips, Published by OUP
●· Property Law, 11
th
Edition; By Roger Smith; Published by Pearson
Additional Resources
●Land Registry http://www.landregistry.gov.uk/
●Lands Tribunal http://www.landstribunal.gov.uk/
●Law Commission http://www.lawcom.gov.uk/
Tort Law
20 credits • 100 GLH • 200 TQT
Unit Aims
This module will introduce you to Tort law, helping you develop the skills to understand the functions of Tort law, how actions are brought, duty of care established and remedies that can be provided for breaches of Tort law. You will also examine and understand how negligence is applied and the tests surrounding this and other breaches. You will be able to identify defences for breaches of tort law and how this will impact upon remedies.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1. Understand the development of
common law tort
1.1 Explain the historical origins of Tort Law
1.2 Define the functions of Tort Law
1.3 Define the elements of the Cause of Action
1.4 Discuss the Development of the Duty of Care
1.5 Define public and private nuisance
●Overview of the purpose of tort law and the
historical development of this area
●Negligence is a non-contractual civil wrong
●The connection between tort, contract law and
criminal law.
●Function of tort law within society and the
mechanism behind damages and compensation.
●Duty of care: D owed a duty of care to the
claimant, D’s breach caused the damage, the
damage suffered by the claimant was not too
remote
●Responsibility of duty of care
●Donoghue v Stevenson [1932]
●The expansion of the ‘neighbour principle’
●Determining the existence of a duty of care
●Including – foreseeable harm, proximity and
reasonableness
●Role of Policy in establishing duty of care
●Occupier’s Liability
●Duty owed by land owners to those who come
onto their land.
●Occupiers Liability Act 1957
●Lawful visitors
●Defences applicable under Occupiers Liability
Act 1957
●Occupiers Liability Act 1984 = liability on
occupiers regarding persons other than 'his
visitors'.
●Defining both private and public nuisance.
●Interferences that can amount to an actionable
nuisance.
●Concept of reasonableness
2.Undersand the different torts and
policy considerations
2.1 Define economic loss
2.2 Explain the difference between pure and
consequential economic loss
2.3 Explain the concept of Defamation
2.4 Define of Trespass to Land
2.5 Discuss the nature and operation of vicarious
liability.
●Pure and consequential economic loss is and
how they are connected to negligence and law of
tort in general.
●Pure economic loss suffered by the acquisition
of defective products or premises.
●Pure economic loss suffered as a result of
damage to a third party.
●General no-recovery rule.
●Exception to the non-recovery rule in the case of
Hedley Byrne v Heller [1964] AC 465.
●Assumption of responsibility is used as an
exception to pure economic loss claims.
●Policy considerations in assessing the pure
economic loss claims.
●Defamation what it is
●Slander and Libel – the difference in
terminology
●Classes of persons are entitled to bring an
action
●Trespass to land - civil wrong under the law
of tort.
●How can an authorised entry be proven?
●Definition of the doctrine of vicarious liability
●Vicarious liability test
●The close connection test
●Lister v Hesley Hall [2001] UKHL 22
3.Understand the defences and
remedies available in tort law
3.1 Explain Contributory Negligence and Negligence
Defences
3.2 Discuss Occupiers Liability and defences
3.3 Evaluate defences and remedies in nuisance
3.4 Analyse defamation defences
3.5 Define the damages can be sought by the claimant
for trespass of land
●Contributory negligence - partial defence.
●‘Volenti non fit injuria’
●Ex Turpi Causa - a bar to an action, based on
illegality.
●Occupiers liability –
●Defences applicable under Occupiers Liability
Act 1957
●Defences applicable under Occupiers Liability
Act 1984 such as:
●Volenti non fit injuria
●Contributory Negligence
●Exclusion of liability
●Nuisance defences
●Nuisance remedies identify the remedies
available to the claimant who has successfully
proven he has been affected by the defendant’s
action.
●Explain the defences available under the claim
of nuisance.
●Defamation Defences
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●Tort Law Text, Cases, and Materials; Fifth Edition; By Jenny Steele, published OUP
●Elliott & Quinn's Tort Law, 12th Edition; by Frances Quinn, published Pearson
Legal Research Methods and Professional Skills
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1. Understand the development of
common law tort
1.1 Explain the historical origins of Tort Law
1.2 Define the functions of Tort Law
1.3 Define the elements of the Cause of Action
1.4 Discuss the Development of the Duty of Care
1.5 Define public and private nuisance
●Overview of the purpose of tort law and the
historical development of this area
●Negligence is a non-contractual civil wrong
●The connection between tort, contract law and
criminal law.
●Function of tort law within society and the
mechanism behind damages and compensation.
●Duty of care: D owed a duty of care to the
claimant, D’s breach caused the damage, the
damage suffered by the claimant was not too
remote
●Responsibility of duty of care
●Donoghue v Stevenson [1932]
●The expansion of the ‘neighbour principle’
●Determining the existence of a duty of care
●Including – foreseeable harm, proximity and
reasonableness
●Role of Policy in establishing duty of care
●Occupier’s Liability
●Duty owed by land owners to those who come
onto their land.
●Occupiers Liability Act 1957
●Lawful visitors
●Defences applicable under Occupiers Liability
Act 1957
●Occupiers Liability Act 1984 = liability on
occupiers regarding persons other than 'his
visitors'.
●Defining both private and public nuisance.
●Interferences that can amount to an actionable
nuisance.
●Concept of reasonableness
2.Undersand the different torts and
policy considerations
2.1 Define economic loss
2.2 Explain the difference between pure and
consequential economic loss
2.3 Explain the concept of Defamation
2.4 Define of Trespass to Land
2.5 Discuss the nature and operation of vicarious
liability.
●Pure and consequential economic loss is and
how they are connected to negligence and law of
tort in general.
●Pure economic loss suffered by the acquisition
of defective products or premises.
●Pure economic loss suffered as a result of
damage to a third party.
●General no-recovery rule.
●Exception to the non-recovery rule in the case of
Hedley Byrne v Heller [1964] AC 465.
●Assumption of responsibility is used as an
exception to pure economic loss claims.
●Policy considerations in assessing the pure
economic loss claims.
●Defamation what it is
●Slander and Libel – the difference in
terminology
●Classes of persons are entitled to bring an
action
●Trespass to land - civil wrong under the law
of tort.
●How can an authorised entry be proven?
●Definition of the doctrine of vicarious liability
●Vicarious liability test
●The close connection test
●Lister v Hesley Hall [2001] UKHL 22
3.Understand the defences and
remedies available in tort law
3.1 Explain Contributory Negligence and Negligence
Defences
3.2 Discuss Occupiers Liability and defences
3.3 Evaluate defences and remedies in nuisance
3.4 Analyse defamation defences
3.5 Define the damages can be sought by the claimant
for trespass of land
●Contributory negligence - partial defence.
●‘Volenti non fit injuria’
●Ex Turpi Causa - a bar to an action, based on
illegality.
●Occupiers liability –
●Defences applicable under Occupiers Liability
Act 1957
●Defences applicable under Occupiers Liability
Act 1984 such as:
●Volenti non fit injuria
●Contributory Negligence
●Exclusion of liability
●Nuisance defences
●Nuisance remedies identify the remedies
available to the claimant who has successfully
proven he has been affected by the defendant’s
action.
●Explain the defences available under the claim
of nuisance.
●Defamation Defences
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-3 All ACs under LO1 to LO3 Portfolio of evidence 3000 words
Indicative Reading List
●Tort Law Text, Cases, and Materials; Fifth Edition; By Jenny Steele, published OUP
●Elliott & Quinn's Tort Law, 12th Edition; by Frances Quinn, published Pearson
Legal Research Methods and Professional Skills
20 credits • 100 GLH • 200 TQT
Unit Aims
Learners will develop a range of skills relating to legal research and ethical issues, which will both support their learning and constitute valuable transferable research and professional skills in their own right.
Learning Outcomes, Assessment Criteria and Indicative Content
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand how to effectively
create research projects and
1.1Explain the benefits, both personal and
professional, in undertaking a legal research
project.
1.2Explain what Legal Research Skills involves.
1.3Describe how to effectively use digital resources
and e-resources.
1.4Discuss different types of research methodology.
1.5Analyse various resources and methodologies to
help develop a research project.
●Reading cases and interpreting statutes
●Reflection on research skills and on feedback
from assignments
●Overview of legal research skills for projects,
approach, area etc
●Link to library e-journals and e-resources
●Link to library current database for law such as
Westlaw
●Locate various cases, files and analysis through
the e-database
●Internet – what is a safe resource
●What is valid, how would students check that a
resource can be valid
●How are resources cross referenced
●Difference between peer and non-peer reviewed
●Carrying out small research questions to identify
research plan
●Reflect on research and process of developing
●Methodologies in research including quantitative
and qualitative research
2.Understand how to review
literature in support of the
research.
2.1 Explain what a literature review is
2.2 Analyse existing literature reviews
2.3 Explain how a literature review is structured
2.4 Identify gaps or areas in knowledge in carrying
out a literature review
●How a literature review helps develop a research
project
●How literature review can summarise current
thinking on a particular area
●How to approach a literature review
●How to make sure the references are correct
●How to link to different research in areas to
make sure there are no gaps
●Structure of a literature review including:
oIntroduction
oAims & objectives
oMethodology
oGaps in research
oConclusion
oReference list
●Analyse examples of existing literature review
and highlight approaches taken, gaps in
knowledge
●Analyse conclusions reached in literature review
and how concrete these conclusions are
3.Understand ethical and legal
issues in relation to research.
3.1 Consider the ethical issues that relate generally
to research
●What constitutes an ethical issue?
●Where do the ethical issues arise?
3.2 Explain the ethical constraints that you should
apply to your own research project
3.3 Discuss the legal issues relating to research
●Do all research projects contain ethics?
●Organisations that carry out research
●Example of research and how ethical issues
have been addressed
●Legal issues around research and how the
university can help
●GDPR statements
●How to address ethical issues in your research
project, making changes to methodology, impact
on findings, what to do if you cannot make
changes
●Ethic review forms
●Ethics committees
4.Understand how professional
skills are developed.
4.1 Understand different professional skills.
4.2 Explain various professional bodies and their
expectation of skills of professionals.
4.3 Critically reflect own skills and identify which
skills are needing further development.
4.4 Understand the need for professional
development and how to achieve this.
●Understanding what a professional is
●Explain the various types of professional legal
skills and why they are needed
●Discussion of SRA expected professional skills
●Discussion of BPP expected professional skills
●When professionals fall short, legal
consequences
●Link to tort law and negligence
●Self-reflection and the need for continuous
professional development
●Being critically aware of own skills
●Continuous self-reflection and monitoring
●Where to develop professional skills during your
career
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-4 All ACs under LO1 to LO4 Portfolio of evidence 3000 words
Indicative Reading List
●Legal Research, Analysis, and Writing, 4th Edition by William H. Putman, JD; Jennifer R. Albright, JD, Published by Cengage
●Legal Research, Analysis, and Writing: 6th edition, By Joanne Hames; Yvonne Ekern, Published by Pearson
GUIDANCE FOR THE USE OF LEGAL RESEARCH RESOURCES AND MATERIALS
Research material can be drawn from a wide range of different research resources. As well as using traditional sources such as the primary legal
sources, and books and journal articles, you may want to use news items, government reports, statistical or audio-visual material.
Some materials such as scholarly books and journals go through a rigorous 'peer review' process where they are analysed by experts in the field for
reliability and quality.
However, it can be more difficult to establish the provenance of other sources of information - for example anyone can create and disseminate
information via the web.
In an information rich society, it's crucial to remember that not all information resources are equal! As a researcher, you must evaluate the information
you find and decide whether the content is scholarly, accurate and authoritative research material.
Learners should ensure that their cited research sources have:
●Currency: the timeliness of the information
●Relevance: the importance of the information for your needs
●Authority: the source of the information
●Accuracy: the reliability, truthfulness, and correctness of the content
●Purpose: the reason the information exists
Case Law
Case law is a key primary legal source.
When you are using the online databases for case law searching, many offer contextual information to help broaden your research and connect you
with related materials. This can be particularly useful for exploring issues in depth and is also a very efficient way to discover related research
materials.
Legislation
Legislation is one of the primary sources of written law.
You can use online legal databases such as Legislation.gov.uk (UK) to locate specific pieces of legislation such as Acts and Statutory Instruments.
As with case law, make use of the database 'added value features' to broaden your research and explore connections between legislative provisions
and related case law and commentary.
Treaty
A treaty is an agreement made by negotiation under international law. Treaties are entered into by countries or other legal authorities and once they
are formally agreed and signed by the participating bodies, they are usually ratified by the law-making authority of each country/ signatory ie United
Nations Treaty collection
Books
Books, such as textbooks, are good for providing an overview of a topic. They undergo an editorial process and are usually written by experts in the
subject or professional authors. They contain reference lists or bibliographies so that you can broaden your research by following up leads to related
publications.
Books take time to produce, so may not always contain the most up to date information. In some subject areas, such as Law it is important to check
you are using the most up to date edition of a book
.
Journals
Journals can provide you with up-to-date discussion of research topics as they are published more quickly and regularly than books e.g. weekly,
monthly, and quarterly or annually, depending on the publication.
Journal articles are written by researchers and experts in their field. Scholarly or academic journals go through a "peer review" process, where a panel
of experts assesses the article before it is approved for publication, giving you reassurance that the information is reliable. Like books, the more
scholarly articles also contain reference lists or bibliographies so that you can broaden your research by following up leads to related publications.
Reference Materials
Reference resources such as almanacs, dictionaries, encyclopaedias and thesauri enable you to examine facts and statistics about the world, decipher
abbreviations and definitions and gain an overview of a topic
They can be really useful resources as you begin your background research into a topic before you move on to more in-depth research.
Publications
Official publications are the documents and materials produced by the government and governmental departments during the course of government
business.
Content ranges from statements of law and policy to government reports and statistics.
These publications can be a valuable primary research source and are especially useful to those researching in law.
Listed below are some examples of useful publication links to those researching UK, EU and International law: This list is not exhaustive and there are
many other publications/websites that you can use by conducting your own research.
UK Law
Legislation.gov.uk carries most types of legislation and accompanying explanatory documents and you can use this site to locate specific pieces of
legislation such as Acts and Statutory Instruments.
The UK Law Commission keeps the law under review and makes recommends for reform where it is needed. Their reports capture in depth analysis
and consultation of the current law, together with their recommendations for reform which may then make their way into law through the parliamentary
process.
EU documents and publications
Europa is the official website of the EU. It provides access to all EU legislation, preparatory documents, treaties and case law and also secondary
resources with useful background information including policy documents, statistics and reports & studies.
International Law
The International Law Association was founded in Brussels in 1873. Its objectives, under its Constitution, are "the study, clarification and development
of international law, both public and private, and the furtherance of international understanding and respect for international law". The ILA has
consultative status, as an international non-governmental organisation, with a number of the United Nations specialised agencies.
The Hague Justice Portal is a gateway to information, news and research on the Hague organisations in the fields of international law, justice and
security.
Websites
Search engines such as Google, Bing, Yahoo etc have made it very easy to search and find information via the internet and it is highly likely that you
will use the web to find information for your research.
When using material from the internet, you need to exercise caution as anyone can publish information on the web, so the quality and reliability of the
information is highly variable.
Always evaluate the sources to ensure the material is trustworthy, accurate and authoritative.
Social Media
Social Media blogs, twitter feeds etc. can be useful research resources. For example, they can highlight key topics and debates that are live at
particular points in time. Also many experts and organisations use these communication methods to highlight larger research projects and work.
As is the case with website information, it is vital that you evaluate these resources as the quality and reliability of information will be highly variable.
IMPORTANT NOTE
Whilst we make every effort to keep the information contained in programme specification up
to date, some changes to procedures, regulations, fees matter, timetables, etc may occur
during the course of your studies. You should, therefore, recognise that this booklet serves
only as a useful guide to your learning experience.
For updated information please visit our website www.othm.org.uk
BLANK PAGE
Learning Outcomes –
The learner will:
Assessment Criteria –
The learner can:
Indicative content
1.Understand how to effectively
create research projects and
1.1Explain the benefits, both personal and
professional, in undertaking a legal research
project.
1.2Explain what Legal Research Skills involves.
1.3Describe how to effectively use digital resources
and e-resources.
1.4Discuss different types of research methodology.
1.5Analyse various resources and methodologies to
help develop a research project.
●Reading cases and interpreting statutes
●Reflection on research skills and on feedback
from assignments
●Overview of legal research skills for projects,
approach, area etc
●Link to library e-journals and e-resources
●Link to library current database for law such as
Westlaw
●Locate various cases, files and analysis through
the e-database
●Internet – what is a safe resource
●What is valid, how would students check that a
resource can be valid
●How are resources cross referenced
●Difference between peer and non-peer reviewed
●Carrying out small research questions to identify
research plan
●Reflect on research and process of developing
●Methodologies in research including quantitative
and qualitative research
2.Understand how to review
literature in support of the
research.
2.1 Explain what a literature review is
2.2 Analyse existing literature reviews
2.3 Explain how a literature review is structured
2.4 Identify gaps or areas in knowledge in carrying
out a literature review
●How a literature review helps develop a research
project
●How literature review can summarise current
thinking on a particular area
●How to approach a literature review
●How to make sure the references are correct
●How to link to different research in areas to
make sure there are no gaps
●Structure of a literature review including:
oIntroduction
oAims & objectives
oMethodology
oGaps in research
oConclusion
oReference list
●Analyse examples of existing literature review
and highlight approaches taken, gaps in
knowledge
●Analyse conclusions reached in literature review
and how concrete these conclusions are
3.Understand ethical and legal
issues in relation to research.
3.1 Consider the ethical issues that relate generally
to research
●What constitutes an ethical issue?
●Where do the ethical issues arise?
3.2 Explain the ethical constraints that you should
apply to your own research project
3.3 Discuss the legal issues relating to research
●Do all research projects contain ethics?
●Organisations that carry out research
●Example of research and how ethical issues
have been addressed
●Legal issues around research and how the
university can help
●GDPR statements
●How to address ethical issues in your research
project, making changes to methodology, impact
on findings, what to do if you cannot make
changes
●Ethic review forms
●Ethics committees
4.Understand how professional
skills are developed.
4.1 Understand different professional skills.
4.2 Explain various professional bodies and their
expectation of skills of professionals.
4.3 Critically reflect own skills and identify which
skills are needing further development.
4.4 Understand the need for professional
development and how to achieve this.
●Understanding what a professional is
●Explain the various types of professional legal
skills and why they are needed
●Discussion of SRA expected professional skills
●Discussion of BPP expected professional skills
●When professionals fall short, legal
consequences
●Link to tort law and negligence
●Self-reflection and the need for continuous
professional development
●Being critically aware of own skills
●Continuous self-reflection and monitoring
●Where to develop professional skills during your
career
Assessment
To achieve a ‘pass’ for this unit, learners must provide evidence to demonstrate that they have fulfilled all the learning outcomes and meet the
standards specified by all assessment criteria.
Learning Outcomes to be met Assessment criteria to be covered Type of assessment Word count (approx. length)
1-4 All ACs under LO1 to LO4 Portfolio of evidence 3000 words
Indicative Reading List
●Legal Research, Analysis, and Writing, 4th Edition by William H. Putman, JD; Jennifer R. Albright, JD, Published by Cengage
●Legal Research, Analysis, and Writing: 6th edition, By Joanne Hames; Yvonne Ekern, Published by Pearson
GUIDANCE FOR THE USE OF LEGAL RESEARCH RESOURCES AND MATERIALS
Research material can be drawn from a wide range of different research resources. As well as using traditional sources such as the primary legal
sources, and books and journal articles, you may want to use news items, government reports, statistical or audio-visual material.
Some materials such as scholarly books and journals go through a rigorous 'peer review' process where they are analysed by experts in the field for
reliability and quality.
However, it can be more difficult to establish the provenance of other sources of information - for example anyone can create and disseminate
information via the web.
In an information rich society, it's crucial to remember that not all information resources are equal! As a researcher, you must evaluate the information
you find and decide whether the content is scholarly, accurate and authoritative research material.
Learners should ensure that their cited research sources have:
●Currency: the timeliness of the information
●Relevance: the importance of the information for your needs
●Authority: the source of the information
●Accuracy: the reliability, truthfulness, and correctness of the content
●Purpose: the reason the information exists
Case Law
Case law is a key primary legal source.
When you are using the online databases for case law searching, many offer contextual information to help broaden your research and connect you
with related materials. This can be particularly useful for exploring issues in depth and is also a very efficient way to discover related research
materials.
Legislation
Legislation is one of the primary sources of written law.
You can use online legal databases such as Legislation.gov.uk (UK) to locate specific pieces of legislation such as Acts and Statutory Instruments.
As with case law, make use of the database 'added value features' to broaden your research and explore connections between legislative provisions
and related case law and commentary.
Treaty
A treaty is an agreement made by negotiation under international law. Treaties are entered into by countries or other legal authorities and once they
are formally agreed and signed by the participating bodies, they are usually ratified by the law-making authority of each country/ signatory ie United
Nations Treaty collection
Books
Books, such as textbooks, are good for providing an overview of a topic. They undergo an editorial process and are usually written by experts in the
subject or professional authors. They contain reference lists or bibliographies so that you can broaden your research by following up leads to related
publications.
Books take time to produce, so may not always contain the most up to date information. In some subject areas, such as Law it is important to check
you are using the most up to date edition of a book
.
Journals
Journals can provide you with up-to-date discussion of research topics as they are published more quickly and regularly than books e.g. weekly,
monthly, and quarterly or annually, depending on the publication.
Journal articles are written by researchers and experts in their field. Scholarly or academic journals go through a "peer review" process, where a panel
of experts assesses the article before it is approved for publication, giving you reassurance that the information is reliable. Like books, the more
scholarly articles also contain reference lists or bibliographies so that you can broaden your research by following up leads to related publications.
Reference Materials
Reference resources such as almanacs, dictionaries, encyclopaedias and thesauri enable you to examine facts and statistics about the world, decipher
abbreviations and definitions and gain an overview of a topic
They can be really useful resources as you begin your background research into a topic before you move on to more in-depth research.
Publications
Official publications are the documents and materials produced by the government and governmental departments during the course of government
business.
Content ranges from statements of law and policy to government reports and statistics.
These publications can be a valuable primary research source and are especially useful to those researching in law.
Listed below are some examples of useful publication links to those researching UK, EU and International law: This list is not exhaustive and there are
many other publications/websites that you can use by conducting your own research.
UK Law
Legislation.gov.uk carries most types of legislation and accompanying explanatory documents and you can use this site to locate specific pieces of
legislation such as Acts and Statutory Instruments.
The UK Law Commission keeps the law under review and makes recommends for reform where it is needed. Their reports capture in depth analysis
and consultation of the current law, together with their recommendations for reform which may then make their way into law through the parliamentary
process.
EU documents and publications
Europa is the official website of the EU. It provides access to all EU legislation, preparatory documents, treaties and case law and also secondary
resources with useful background information including policy documents, statistics and reports & studies.
International Law
The International Law Association was founded in Brussels in 1873. Its objectives, under its Constitution, are "the study, clarification and development
of international law, both public and private, and the furtherance of international understanding and respect for international law". The ILA has
consultative status, as an international non-governmental organisation, with a number of the United Nations specialised agencies.
The Hague Justice Portal is a gateway to information, news and research on the Hague organisations in the fields of international law, justice and
security.
Websites
Search engines such as Google, Bing, Yahoo etc have made it very easy to search and find information via the internet and it is highly likely that you
will use the web to find information for your research.
When using material from the internet, you need to exercise caution as anyone can publish information on the web, so the quality and reliability of the
information is highly variable.
Always evaluate the sources to ensure the material is trustworthy, accurate and authoritative.
Social Media
Social Media blogs, twitter feeds etc. can be useful research resources. For example, they can highlight key topics and debates that are live at
particular points in time. Also many experts and organisations use these communication methods to highlight larger research projects and work.
As is the case with website information, it is vital that you evaluate these resources as the quality and reliability of information will be highly variable.
IMPORTANT NOTE
Whilst we make every effort to keep the information contained in programme specification up
to date, some changes to procedures, regulations, fees matter, timetables, etc may occur
during the course of your studies. You should, therefore, recognise that this booklet serves
only as a useful guide to your learning experience.
For updated information please visit our website www.othm.org.uk
BLANK PAGE
20 credits • 100 GLH • 200 TQT
Duration and delivery
3
6
6
Assessment and verification
6
Progressions
5