You take three elective subject from March to June.
You can choose between the following subjects:
When choosing electives it is important to bear in mind your intended career path.
Details of the elective choices can be downloaded for you to use as a reference
Advanced Commercial Litigation and Dispute Resolution
Aim
To develop and build on the knowledge and skills acquired during the compulsory civil litigation course and to appreciate new areas of practice in a commercial dispute resolution context. The elective is designed for students considering an emphasis on commercial litigation and dispute resolution in their careers, but is also suited to students who want to avoid over-specialisation at this stage and are interested in further studying litigation. Drafting, advocacy, case and risk analysis, problem solving and negotiation skills are emphasised.
Areas not covered in detail on the compulsory litigation course will be explored, in particular insolvency proceedings, international jurisdiction, specific disclosure applications and injunctions. Alternative dispute resolution (ADR) is given important emphasis.
The course will concentrate on a number of case studies. The intention is to simulate practice where students will be required to deal with a number of cases and to take action in respect of different files as appropriate.
Throughout the course students will also be conducting a commercial litigation case from instruction to trial on the fast track, as either solicitor for the Claimant or Defendant. Students will work in small teams to conduct this litigation and will be opposing another student team. Each team will be allocated a tutor as a 'procedural judge' and will build up their litigation file, undertaking all steps needed to conduct the trial of the case at the end of the course.
The course will include consideration of the following areas:
Dealing with a commercial client
Students will consider the client's commercial interests and issues that may arise when acting for a commercial client in a litigation context.
Case analysis
Students will be given plenty of opportunity to practise and develop this important litigation skill in the context of the course case studies.
Alternative dispute resolution
This includes consideration of alternatives to litigation including mediation, arbitration, early neutral evaluation and negotiation. Students will conduct the negotiation of a complex litigation scenario including appropriate provision for costs, confidentiality and ancillary matters.
Insolvency
This section of the course includes company winding up and bankruptcy procedure, preparation for and advocacy at an opposed bankruptcy hearing before a District Judge. Students will consider the issue of insolvency from the viewpoint of both debtor and creditor.
International jurisdiction issues
Students will consider the rules of jurisdiction and appreciate their relevance and importance to a commercial client where such issues arise.
Procedures in the commercial court
Consideration will be particularly given to the court's case management powers.
Injunctions
Students will consider this topic in the context of search orders and freezing injunctions and in relation to specific case studies. This includes criteria, documentation, how to obtain such orders on a without notice procedure, execution and effect of an order, discharge/ variation of such orders.
Interim advocacy and specific disclosure procedure
Students will consider the tactics and procedure of specific disclosure and inspection of documents in a commercial case study. This will include the drafting and serving of witness statements in connection with an application for specific disclosure and inspection, and conducting the interim hearing.
Advanced Commercial Property
Aim
This elective is designed to provide students with knowledge to equip them for a training seat in a commercial property department. It will expose students to the complex documentation commonly encountered within a commercial property department and give students a grounding both in drafting, amending and negotiating commercial property agreements, and in understanding the procedures involved in this area. Students will also have the opportunity to conduct mock negotiations with tutors who are experienced property lawyers. The teaching style is interactive and designed to simulate real life problems which students will encounter in legal practice.
The elective will build on skills and knowledge acquired during the compulsory property course. It will also develop knowledge and awareness of new areas such as construction, VAT, contaminated land and planning law. The elective focuses on a single complex case study transaction, which involves site acquisition, development and letting.
The elective will cover the following:
Initial Stages
- Development site acquisition
- Planning
- Contaminated land and Environmental Law
- Construction
Documentation
- Agreements for lease
- Drafting and amending complex property contracts, including options,
Overage and sales subject to leases
- Drafting and negotiating principal terms of a commercial lease
Taking action against tenants
- Obtaining possession from commercial tenants
- Remedies available on tenant default
- Insolvency of commercial tenants
Tax
Property taxation
Commercial Law
Aim
To provide a firm grounding in those areas where commercial clients often require advice, such that students are familiar with the terminology, law, documentation and commercial or contextual background.
This elective is intended for those who have a leaning towards corporate or commercial work, but who do not see themselves as pursuing exclusively 'city' type work. It aims to prepare trainees for firms which may be commercial practices, but which may be general practices with commercial departments.
The elective is deliberately broad ranging, and aims to equip trainees to take up seats in departments dealing with a wide variety of commercial work. It covers the following areas:
Competition Law
UK and EC controls and regulations.
Intellectual property
Basic concepts, types of intellectual property, exploitation and enforcement of rights.
Buying and selling businesses and companies
Main practical, commercial, legal, financial and taxation considerations, employee issues, and other ancillary considerations. This element of the course in effect covers a few of the topics that are also dealt with in the Private Acquisitions elective, though of necessity in less detail.
Marketing of goods and services
- Commercial Agency - basic principles, agency agreements and relationship between principal and agent.
- Distributorship, including competition aspects.
- Franchising, including competition, Intellectual Property and Business Sales aspects.
Debt finance and banking
Aim
To understand how debt is used as a means of financing a business and to learn about the law and documentation relevant to loans and security. The elective will appeal to students who wish to work for firms that have a general commercial department, as well as firms with a significant corporate practice. The elective focuses on the practical and commercial aspects of borrowing money, as well as the legal issues.
It covers the following broad areas.
- Bilateral loans
- Syndicated loans
- Security
- Bonds
Students will use realistic case studies that take them step by step through the legal, commercial and practical aspects of a transaction. There is strong emphasis on loan documents and the lawyer's role in drafting and negotiating these.
Students will learn about the following:
General
- How the banking and capital markets are regulated
- Why use debt instead of equity
Key stages and documentation
- The stages of a typical loan
- Term sheets - what are they and why do we have them?
- Loan agreements - key terms, such as loan purpose, warranties, covenants and events of default
- How to conduct due diligence - checking and amending, company searches and investigation of title.
Security
- What assets are available for security (such as premises, plant and machinery, vehicles, stock and book debts)?
- What security is appropriate for each type of asset - legal and equitable mortgages, equitable charges, pledges and liens?
- Debentures and legal mortgages - key terms, plus how they link to the loan agreement and enforcement
- Guarantees - who will give a guarantee, key terms and enforcement?
- Dealing with existing charges and the order of priority between lenders
- How to register charges
- How to enforce security
Syndicated loans
- How syndicated loans differ from bilateral loans
- Relationship and dealings between syndicate members
- Transferring a loan
Bonds
- Different types of bonds
- The MICs of issuing a bond
- Common terms (such as interest, repayment and enforcement)
Employment Law
Aims
To give a general foundation and insight into employment law and practice with reference to the contract of employment and statutory protection including:
- Unfair dismissal
- Redundancy
- Discrimination
- Transfers of undertakings
The ethos of the course is to examine individual and commercial interests in the context of forming, operating and terminating the employment relationship. The elective covers the following areas:
Contracts of employment
- The common law and statutory duties owed between employer and employee
- Examination of how the same arise
- Commercial considerations on formation and termination of the relationship (including the operation of post termination covenants)
Termination of contracts
- Types of termination at common law
- Consequences of termination by employer or employee
- Remedies available through civil courts and tribunals
- Costs considerations
- Time management
- Tactical advantages
Statutory protection: unfair dismissal
- Statutory dismissal procedures
- Preliminary qualification
- Evidential issues
- Disciplinary procedures (ACAS codes)
- Grievance procedures for internal resolution
- Procedural issues before tribunal
Redundancy
- The consequences of downsizing and ceasing to operate the undertaking
- Procedural steps to achieving a fair redundancy including the construction of the selection 'pool' and criteria.
- Remedies and resolutions encompassing an examination of the interrelationship with unfair dismissal.
Discrimination
Sex, race and disability, including examination of how:
- Discrimination may arise both in the context of employment and access to employment
- Procedures and processes the employer may initiate to avoid discrimination
- Statistical and evidential issues in proving existence of discrimination
- Remedies
Transfers of undertaking
- Liability attaching to buyer on the 'sale' of a business
- Protection afforded to employees in respect of a change of employer.
This elective is heavily statute based. It is intended that students leave the course with a significant appreciation of the substantive law and a commercial perspective of the reality of employment protection rights.
Employment Law is one of the electives in which students will receive additional advanced tuition in advocacy.
Family and Child Protection Law
Aim
This elective aims to provide students with grounding in the areas of principal concern to a matrimonial solicitor dealing with marital separation and children.
The course focuses on the practical application of the law through the use of realistic case studies and examples.
Throughout the course there is an emphasis on the skills required by the matrimonial lawyer and a hands-on approach is taken. Students will build on and expand the skills learnt in other parts of the Legal Practice Course. Students will in particular undertake exercises in interviewing, drafting, negotiation, advocacy and case analysis in the context of practical case studies.
The course will include consideration of the following subject areas:
Domestic violence
This element is taught using two case studies and covers:
- Financing an injunction application private and public funding)
- Remedies and procedures
- Who is protected and how
- The married and unmarried client
Divorce law and procedure
Students will look at a complete divorce case file and consider:
- The divorce process
- Professional attitudes
- Law and procedures
Ancillary relief
Students will consider in depth the financial implications of family breakdown.
They will work with a comprehensive case study involving a complex set of documentation and facts. In particular in relation to ancillary relief, students will be asked to:
- Consider the funding implications for clients
- Consider mediation and collaborative law solutions
- Analyse the legal options and seek a workable solution
- Consider the tax and welfare law implications
- Instruct counsel and attend a conference with counsel. This is achieved by utilising our Bar Vocational Course students who act as counsel
- Negotiate on behalf of their clients in an attempt to reach a settlement
Private children
The course aims to equip students with the necessary knowledge and skills to handle child-related issues arising on marriage breakdown and in an unmarried family. Through the use of case study documentation the students will:
- Advise clients on funding
- Consider the advice to be given to a client on children related issues
- Consider the relevant law and procedure from both the Applicant and Respondent's position
- Prepare for and conduct a Children Act hearing. This involves drafting and serving witness statements plus undertaking the advocacy at a hearing including the examination of witnesses
Child Protection
This element will be taught throughout by reference to a child abuse case study which leads students through a child protection case study, commencing with an emergency protection order and culminating in a care order (twin-tracked for adoption).
Emergency Protection Orders
tudents are taken (via a role play exercise) through the whole process of applying for EPOs, including:
- Applicants/ Respondents/ role of Magistrate's clerk
- Procedure
- Grounds
- Effect/ duration
- Contact
- Directions
Care and Supervision Orders
The case study continues by requiring students to apply the statutory provisions contained in the Children Act 1989 in advising clients from the different perspectives of either solicitor for the local authority or parents on the following issues:
- Child Protection Conferences
- Comparison of the threshold criteria with respect to interim and final s.31 orders
- Role of the Children's Guardian (and the relationship between the Guardian and the Solicitor for the Child)
- Advocacy in child protection cases
- Role of the Independent Reviewing Officer with respect to the Care Plan
- Adherence to the Protocol for Judicial Case Management in Public Law Children Act Cases and the effect of s.31 orders.
This element will conclude with an interactive case study examining the following issues post-care order:
- Contact/jurisdiction of the court post-care order
- s.26 complaints system
- Discretionary powers of the local authority with respect to financial Assistance
Adoption
This elective will provide a summary of key provisions in the Adoption and Children Act 2002, highlighting the following areas:
- Replacement of freeing orders with placement orders
- Statutory duty on local authority to apply for placement order if s.31 criteria met/effect of placement orders/application to revoke
- New 'welfare' test, bringing adoption law in line with Children Act 1989
- New grounds for dispensing with parental consent (and interaction with the new 'welfare' test)
- Special Guardianship Orders (including how this will provide a half-way house between Residence Orders and Adoption)
Personal Injury and Clinical Negligence Litigation
Aim
To develop and build on the procedure and skills acquired during the compulsory civil litigation course and to develop new areas of knowledge and procedure in the context of realistic personal injury case studies, including some consideration of clinical negligence. The elective is designed for students interested in this particular area of litigation, but will also provide students interested in litigation more generally with further practice in the core litigation skills of drafting, advocacy, case and risk analysis and negotiation.
The course will be based on realistic case studies, the main ones being a road traffic accident and an employer liability case. Students will also consider a clinical negligence case. The intention is to simulate practice where students will be required to deal with a number of cases and to take action in respect of different files as appropriate.
Throughout the course students will also be conducting aspects of a road traffic personal injury file as either solicitor for the Claimant or Defendant with the view to working towards a resolution of the case with their opposing student team.
The course will include consideration in the following areas:
Pre-action issues, investigation and funding
Students will consider the steps and tactics to be taken under the pre-action protocol for personal injury and deal with initial advice on funding, particularly conditional fee agreements. Legal issues arising out of a personal injury claim will also be considered. This will include more complex legal issues which arise out of an employer liability case and limitation.
Quantifying a claim
Consideration and practical application will be dealt with relating to all aspects of quantum in a personal injury claim. This will include instructions to experts, research and quantification of general and special damages. Structured settlements, periodical payments and provisional damages will also be covered.
Drafting statements of case
Students will develop their drafting skills by drafting claim forms, particulars of claim and defences in both a straightforward and a more complex case study.
Interim Advocacy and Interim Payment procedure
Students will consider the tactics and procedure relating to interim payments.
This will include the drafting and serving of witness statements in connection with an application for an interim payment and conducting the interim hearing.
Child settlement approval
Students will deal with the procedure for the approval of a settlement on behalf of a child. This will include the preparation for and conduct of an interim hearing.
Clinical negligence
As well as reinforcing the general issues set out elsewhere in the course in a clinical negligence context, consideration and practical application will be given to the specific issues which arise in the context of clinical negligence. This includes obtaining medical records and NHS complaints procedures, legal issues arising out of a clinical negligence claim including complex issues of breach of duty and causation, together with the use and choice of experts on liability, the importance of negotiation, mediation and early neutral evaluation, and general case management issues in clinical negligence claims.
Fatal accidents
Consideration will be given to the procedure and quantification in fatal accident claims.
Motor Insurers' Bureau and the Criminal Injuries Compensation Authority
Claims involving these organisations will be considered by way of overview.
Private Acquisitions
Aim
This elective introduces students to the sale and purchase of private companies and businesses. It will appeal to students going to firms that have a general commercial department, as well as firms that have a significant corporate practice.
The elective focuses on the most common acquisition structures and takes the students through the transaction step by step. There's a strong emphasis on due diligence and the documentation. As such, students will learn how to investigate the company/business being acquired, with a view to drafting the main acquisition agreement. Along the way, they will learn how to identify and deal with associated issues, such as tax and employees, etc.
The course will help students to develop a practical understanding of the following:
General
- The mechanics of acquiring a company or business.
- Management buy-outs.
- The tax implications (and how to avoid or reduce any tax liability).
Valuation
How to value the company/business, including interpreting accounts, plus the different types and structures of the consideration.
Issues associated with the acquisition
Key legal issues associated with the acquisition, including employment, pensions, environmental, intellectual property, existing business contracts, and freehold/leasehold property.
Key stages and documentation
- Key stages of the transaction
- How to carry out due diligence and what is involved
- The acquisition agreement - allocation of risk, due diligence, warranties and indemnities
- Compliance with relevant provisions in the Companies Act 2006, articles of association and FSMA 2000, such as share transfers and financial assistance
- Special considerations when dealing with group companies
- The mechanics of completion
Remedies
Breach of contract, misrepresentation, negligent misstatement, warranties and entire agreement clauses.
Private client
Aim
To provide students with an understanding of the main areas of work undertaken in a Private Client department, namely tax and estate planning, legal services for the elderly (including Lasting Enduring Powers of Attorney and planning for nursing home fees) and will drafting and the use and drafting of trusts. It aims to build and expand upon the initial work undertaken in Taxation and the Reserved Business unit of the course and also to introduce students to other new and important areas. The emphasis will be on developing skills enabling students to analyse information about a client's personal and financial situation and then give relevant practical advice. This elective will be of particular interest to students wishing to concentrate on non contentious matters.
The elective covers the following:
Financial advice
Including an outline of types of investments.
Tax Planning
The emphasis is on tax planning for individuals and families.
Trusts
An introduction to the common types of trusts and the practical and tax
advantages of utilising them.
Elderly client unit
- The use of Enduring Powers of Attorney
- New provisions contained in the Mental Capacity Act, including Lasting Powers of Attorney
- The use of Living Wills
- Planning for and funding elderly care
Will drafting
- How to draft a valid will
- Advising the client on the ways of distributing his estate
- Selecting and drafting administrative clauses
- Execution
- Alteration and revocation of wills
Post-death action
- Variations and disclaimers
- Applications under the Inheritance (Provision for Family and Dependants)
Act 1975
Public Companies and Equity Finance
Aim
This elective builds on the Business Law and Practice course, but in the context of public companies. It is all about how and why companies raise money on the equity markets. As such, it will appeal to students who wish to work for firms that have a significant Stock Exchange practice.
The course is based on real life case studies, to ensure that the students gain hands-on experience of the type of transactions and documents that they will encounter in practice. The current case studies are:
- RHM (IPO)
- LogicaCMG (rights issue)
- Shell (takeover)
- Dunedin (takeover)
- Safeway/Morrisons (scheme of arrangement)
Students will learn about the legal, commercial and practical aspects of:
General
- How to re-register as a public company
- The regulatory regime
- Different types of offers
IPOs
- The typical timetable for an initial public offering (flotation)
- Due diligence and verification
- The documentation, including drafting and annotation
- The application for listing and trading
Rights Issues
- The typical timetable for a rights issue
- The documentation
- The rights of shareholders in respect of the issue
- Underwriting
Aspects of listing
- Continuing obligations
- Market abuse and insider dealing
- Buy back of shares
Takeovers
- The typical timetable for a takeover (recommended and hostile)
- The requirements of the Takeover Code
- The documentation
- Stakebuilding and break fees
Schemes of arrangement
- The key stages of a scheme of arrangement
- Scheme documentation
- The court process and shareholder meetings
Which electives should you choose?
In general terms you should consider the following choices.
City Practice
Those students who are seeking a training contract at a large City firm will probably be expected to choose the following:
- Debt Finance and Banking;
- Public Companies and Equity Finance;
- Private Acquisitions;
Or
- Any two of the above and Advanced Commercial Litigation; or
- Advanced Commercial Property.
Other Corporate/Commercial Practice (London or the Regions)
For larger Corporate/Commercial Practices a trio from the following would be appropriate:
- Advanced Commercial Litigation;
- Advanced Commercial Property;
- Employment;
- Public Companies and Equity Finance;
- Debt Finance and Banking;
- Private Acquisitions or Commercial Law.
Please note that you cannot do Private Acquisitions and Commercial Law because
there are significant areas of overlap between the courses. Of the two,
Commercial Law covers a wider range of topics.
For broader based firms who act for commercial and private clients you should consider:
- Family and Child Protection;
- Private Client;
- Personal Injury and Clinical Negligence Litigation;
- Advanced Commercial Litigation;
- Commercial Law;
- Advanced Commercial Property;
- Employment.
Publicly Funded/Smaller General Practice
Students who are sponsored through their firms by the Legal Services Commission, or are seeking such sponsorship, or who are looking for a career in a smaller general practice should choose from:
- Private Client;
- Family and Child Protection;
- Personal Injury and Clinical Negligence Litigation.