Module B - OCTOBER - 2021

OCTOBER 2021
LWM01B to LWM85B
POSTGRADUATE CERTIFICATE IN LAWS

POSTGRADUATE DIPLOMA IN LAWS
LLM EXAMINATION
Module B Questions for ALL SYLLABUSES
Wednesday 6 October 2021
This examination booklet contains all Module B examination papers coded LWM01B-
LWM85B. Each candidate will receive a copy of this booklet in its entirety to be used
for the duration of the examination. For each Module B examination, candidates will
have ten minutes to locate their paper and for reading time. They will then have the
remaining forty-five minutes in which to answer the paper and five minutes to upload
their answer.
Papers may be answered in any order.
Candidates should answer all parts of a question unless otherwise stated.

Permitted materials, where relevant, are stated on the individual examination
paper.
The index of papers starts on page 2.
IMPORTANT
DO NOT COMBINE YOUR ANSWERS FOR DIFFERENT EXAMINATIONS INTO A

SINGLE DOCUMENT. SUBMIT YOUR WORK FOR EACH EXAMINATION
SEPARATELY IN THE CORRECT SUBMISSION AREAS
© University of London 2021
UL21/1026 Page 1 of 73
OCTOBER 2021
Index of papers Page
LWM01B Acquiring ownership in ships and the ship as property 4

LWM03B Procedure and evidence in arbitration 5
LWM05B Time charter parties 6
LWM06B Equitable devices used to take security in commercial
contracts 8
LWM07B Legal cultures and criminal justice policy 9
LWM08B Sources of European Union law 10
LWM09B Capital II 11
LWM10B Trusts implied by law 12
LWM11B Abuse of a dominant position 13
LWM12B The European Convention on Human Rights mechanism 14
LWM13B Free movement 1 – Equal treatment and non-discrimination 15
LWM15B Company law foundational issues II 16
LWM16B Intellectual property and franchising 17
LWM17B Fraud and market manipulation 18
LWM19B Feminist critiques of human rights 19
LWM20B Copyright law 20
LWM22B Insurance contract formation 21
LWM23B Access to medicines 22
LWM24B Trade marks 23
LWM25B Unilateral, bilateral and multilateral strategies 24
LWM26B French and German copyright law and related rights 25
LWM27B Comparative law of trade secrets 26
LWM28B Unfair competition 27
LWM29B Offshore purpose trusts 28
LWM30B International criminal courts and tribunals 29
LWM31B International monetary and development law and policy 30
LWM32B General aspects of international environmental law II 31
LWM33B International efforts to regulate foreign investment 32
LWM34B Baselines, the territorial sea and the contiguous zone 33
LWM35B The core principles of children’s rights mechanisms 34
LWM36B Carriage of goods by sea in international trade law 35
LWM38B Non-adjudicatory dispute resolution processes 36
LWM39B The doctrine of utmost good faith and insurance
contracts 37
LWM40B National regulation of multinational enterprises 39
LWM42B Arbitration agreement 40
LWM44B Foundations of Russian law 41
LWM47B Issues in modern taxation 42
LWM48B Telecommunications liberalization in Europe 43
LWM49B Licensing of intellectual property 44
LWM50B Interactions of Roman and local law: twelfth‒sixteenth
centuries 45
LWM51B Basic principles of trade in goods 46
Index continues on next page
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OCTOBER 2021
LWM52B Youth justice law in England and Wales I: the internal

dimension 47
LWM54B Entry into force and the scope of treaty obligations 48
LWM55B International law and European Union law 49
LWM56B Access to treatment and malpractice litigation 50
LWM57B Merger control regimes 1 51
LWM60B The European dimension of refugee law 52
LWM61B Substantive rights under United Nations human rights
treaties 1 53
LWM63B Sponsorship in sports 54
LWM64B Basel Committee and the regulation of international banks 55
LWM66B Terms of the contract Part I 56
LWM67B Jurisdiction and competence of courts in private
international law 57
LWM69B Stranger liability in finance 58
LWM70B Reinsurance losses and claims 59
LWM71B Prospectus and transparency regulation of securities 60
LWM72B Duty of care, fiduciary duty, constructive trust and undue
influence 61
LWM74B Specific issues relating to the management of natural
resources 62
LWM75B Terminating derivatives transactions 63
LWM77B Collective investment schemes 64
LWM78B An introduction to project finance 65
LWM79B Making legislation 66
LWM80B Compliance 67
LWM81B Double taxation conventions I 68
LWM82B The action in negligence 69
LWM83B Law of agency 71
LWM84B Introduction to the law of the sea 72
LWM85B Blockchain and distributed ledgers 73
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OCTOBER 2021
LWM01B
UNIVERSITY OF LONDON

LLM EXAMINATION
ADMIRALTY LAW
Module B: Acquiring ownership in ships and the ship as property
Candidates should answer ONE of the following TWO questions.
1. Answer all of the following questions:

i) Explain the reasons why most ships are registered with flags of convenience,
and
ii) Discuss the problems flags of convenience present for the regulation of
shipping, and
iii) Evaluate the adequacy of the ways these problems are presently addressed.
2. George agreed to buy two used ships, the Jafar and the Prince Ali, from Helen at
the price of £80 million under two separate contracts. Both vessels were due for
delivery on 5 April. A £5 million deposit had been paid for each vessel into a joint
account in George and Helen’s names. The contracts contain a force majeure
clause. On 1 April, Helen informs George that the Jafar will be delayed for a further
month, in part due to strikes resulting from a change in the construction worker’s
pay and conditions, and in part due to delays in obtaining materials. Helen requests
additional time for delivery, but George refuses and cancels the contract asking for
a return of the deposit. George also intends to recover damages for (i) an increase
in the market value of a similar ship, and (ii) the loss of a charterparty which had
been fixed to begin on the 17 April. George learns that Helen is seriously in debt
and that it may not be able to meet her obligations under the current contract for
delivery of the Prince Ali.
Advise George on the extent to which he might be able to recover damages for the
late delivery of the Jafar, and how best he can protect himself from Helen’s likely
default in delivery of the Prince Ali.
END OF PAPER
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OCTOBER 2021
LWM03B

LLM EXAMINATION
APPLICABLE LAWS AND PROCEDURES IN INTERNATIONAL COMMERCIAL

ARBITRATION
Module B: Procedure and evidence in arbitration
Candidates are permitted to refer to the Primary Materials 2021.
1. Where is a legal obligation to follow due process in international arbitration to be

found? Critically discuss, making appropriate reference to legal material and
examples from arbitral process.
2. Answer both parts of this question using examples from arbitral practice, national
and international rules:
a) How should an international arbitral tribunal go about the task of taking

evidence and decide on the process governing document production?
b) To what extent can the parties influence the seeking of evidence, expert advice
and documents?
END OF PAPER
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OCTOBER 2021
LWM05B

LLM EXAMINATION
CARRIAGE OF GOODS BY SEA
Module B: Time charter parties
1. ‘The charterer’s duty to redeliver the vessel is more akin to an obligation to use
best endeavours. The redelivery date in the charterparty is a reference point not a
deadline.’
Discuss whether you agree with this statement by reference to the consequences
arising from the time charterer’s failure to redeliver the vessel on time.
2. On 20 January 2021, the owners let their vessel Sea Star to the charterers for a
period of six months from 1 March 2021. The time charter provided for the payment
of hire monthly in advance on the first day of each calendar month to the owner’s
account. It also contained, inter alia, the following provisions:
Clause 30. In the event of loss of time from deficiency and/or default and/or
strike of officers or ratings, or deficiency of stores, fire, breakdown
of, or damage to hull, machinery or equipment, grounding,
detention by the arrest of the vessel, or detention by average
accidents to the vessel or cargo, or by any other similar cause
preventing the full working of the vessel, the payment of hire shall
cease for the time thereby lost.
Clause 31. Where there is failure to make punctual payment of hire due, the
Charterers shall be given by the owners two (2) Banking Days
written notice to rectify the failure. Failure by the charterers to pay
hire due in full within two (2) Banking Days of their receiving a
notice from owners shall entitle the owners to withdraw the vessel
and to damages, if they withdraw the vessel, for the loss of the
remainder of the charterparty.
Clause 33. The Master shall be under the orders and direction of the
charterers as regards, employment or other arrangements.
QUESTION 2 CONTINUES ON NEXT PAGE
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OCTOBER 2021
The vessel was delivered on 1 March 2020. On the same day, the charterers
ordered the vessel to the port of Cartagena, Colombia to carry a cargo of bauxite
to Hamburg, Germany. Under the IMO (International Maritime Organisation)
regulations, bauxite was categorised as “Group C” cargo, which meant that it was
not considered to be a liquefiable cargo during sea transit.
The normal voyage time from Cartagena to Hamburg is approximately 15 days.

On 13 February 2021 at 12:00 hours, the vessel arrived at the port of Cartagena
and berthed immediately. However, the Master refused to commence loading as
he was concerned about the risk of cargo liquefaction. He therefore asked the
charterers to provide him with a certificate, stating that the moisture content of the
cargo to be loaded was sufficiently low.
The charterers insisted that the vessel should immediately commence loading the
cargo. There then ensued exchanges between the owners and charterers. At
12:00 hours on 15 February 2021, the owners agreed to comply with the
charterers’ order despite not being able to get a certificate from the charterers. At
12:00 hours on 17 February, the loading operations were stopped by the port
authority for anti-terrorist checks. During these checks, the port representatives
discovered drugs in the cargo holds of the vessel, and the vessel was detained for
3 days.
The loading operations were finally completed at 12:00 hours on 29 February

2021, and the vessel set sail later the same day. Shortly afterwards, as a result of
cargo liquefaction, the vessel developed a severe list. The pilot and the master
saved the vessel and her crew by grounding her on a sandbank. A salvage
company was appointed to refloat the ship, and the entire cargo of bauxite was
jettisoned. On 1 March at 12:00 hours, the vessel was finally refloated. On the
same day, the charterers did not pay the hire on account of (a) the delays at the
port of Cartagena, (b) the vessel’s reduced speed, (c) their prospective losses
arising from the grounding of the vessel and (d) the total loss of their cargo. The
owners were unhappy with the charterer’s non-payment of the hire. They sent a
fax message to the charterers requesting immediate payment of the hire and also
the costs associated with the cargo liquefaction. The charterers did not reply to
this message.
On 4 March 2020, the IMO regulations were changed and bauxite was declared
as a liquefiable (Group A) cargo. On 5 March 2020, the owner’s gave the
charterers notice that the charterparty was terminated by reason of the charterers’
repudiatory breach.
Consider the scenario carefully and discuss the legal position of the owners and
charterers.
END OF PAPER
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OCTOBER 2021
LWM06B

LLM EXAMINATION
COMMERCIAL TRUSTS LAW
Module B: Equitable devices used to take security in commercial contracts
1. ‘The Quistclose trust defies categorization. No single explanation of this type of

trust has been entirely satisfying. It would be better to recognize them as
constituting a doctrine which has been developed to deal with loan transactions in
cases of insolvency.’
Discuss.
2. ‘The models of constructive trust which have been developed to operate in

commercial situations have arisen on a case-by-case basis. Despite the assertion
in Westdeutsche Landesbank v Islington that all constructive trusts operate on the
basis of an idea of conscience, the commercial models of constructive trust are in
truth very different from one another.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM07B

LLM EXAMINATION
COMPARATIVE CRIMINAL JUSTICE POLICY
Module B: Legal cultures and criminal justice policy
1. ‘Categorisation is risky: it may obscure as much as it can reveal.’ (Pakes, 2019)
In light of this view do you think that utilising a ‘families of law’ approach is of
limited value to the comparative criminal justice policy scholar?
2. ‘Socialist legal systems are simply civil law systems incognito.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM08B

LLM EXAMINATION
CONSTITUTIONAL AND INSTITUTIONAL LAW OF THE EUROPEAN UNION
Module B: Sources of European Union law
1. Discuss the view that Directives are a ‘light’ version of Regulations.
2. Why does it matter whether the European Community or the European Union have
a legal personality and how is Article 216 TFEU relevant?
END OF PAPER
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OCTOBER 2021
LWM09B

LLM EXAMINATION
CORPORATE FINANCE AND MANAGEMENT ISSUES IN COMPANY LAW
Module B: Capital II
1. Do we need disclosure in Company law? Explain why (not).
2. Critically assess the case law surrounding the issue of fixed charges over book
debts.
END OF PAPER
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OCTOBER 2021
LWM10B

LLM EXAMINATION
EQUITY AND TRUSTS IN CONTEXT
Module B: Trusts implied by law
1. ‘The development of the principles governing constructive trusts has

demonstrated a need to recognize the idea of conscience as the moral heart of
equity. Rather than being a set of legal rules, the constructive trust should be
understood as a single doctrine based on moral principles.’
Discuss.
2. ‘The resulting trust has shrunk as a doctrine in recent years. Whereas Prof Birks
envisioned the resulting trust as a doctrine which responded to unjust enrichments
and whereas Lord Browne-Wilkinson in Westdeutsche Landesbank v Islington
understood it as operating on the general basis of conscience like all other trusts,
many of the recent cases on resulting trusts have signaled a withdrawal from both
of those visions.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM11B

LLM EXAMINATION
EUROPEAN UNION COMPETITION LAW
Module B: Abuse of a dominant position
1. ‘Dominant firms should be allowed the necessary freedom to bundle their products
in some cases without them facing consequences under Article 102 TFEU.’
Discuss.
2. ‘The European Commission should follow a stricter enforcement approach in

cases of refusal to supply.’
Discuss.
END OF PAPER
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OCTOBER 2021
UNIVERSITY OF LONDON LWM12B

LLM EXAMINATION
EUROPEAN CONVENTION ON HUMAN RIGHTS
Module B: The European Convention on Human Rights mechanism
1. ‘The decision to abolish the European Commission of Human Rights was a

mistake. All subsequent reforms to the Court’s structure have been attempts to
rectify this mistake but to no avail.’
Critically discuss this statement.
2. ‘The strict admissibility criteria a case must meet before the European Court of
Human Rights will hear it are unnecessary and undermine the fundamental
importance of the right to individual petition under the Convention system.’
END OF PAPER
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OCTOBER 2021
LWM13B

LLM EXAMINATION
EUROPEAN INTERNAL MARKET
Module B: Free movement 1 – Equal treatment and non-discrimination
1. National legislation in Utopia provides that all artefacts imported from other
Member States need to bear an indication of origin or the word ‘foreign’. Is this
requirement compatible with EU law?
2. Utopian legislation regulating family benefits requires applicants to have a) family

income of no more than 15K b) permanent residence in Utopia. Discuss the latter
requirement from the perspective of EU law. Is it compatible with the principle of
non-discrimination on the grounds of nationality?
END OF PAPER
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OCTOBER 2021
LWM15B

LLM EXAMINATION
FOUNDATIONAL AND CONSTITUTIONAL ISSUES IN COMPANY LAW
Module B: Company law foundational issues II
1. ‘I do not consider that Parliament intended in[ section 51 [Companies Act 2006] to
determine the rules which should apply when an agent makes a contract as agent
on behalf of a principal then claims to enforce the contract.’
(Arden LJ in Braymist Ltd v Wise Finance Co Ltd (2002)).
2. There has been an accident at the chemical manufacturing plant run by Pan Ltd
which has caused it to collapse insolvent. Mike was injured in the accident and
wants to sue Pan Ltd.
Advise Mike as to the company law problems he may face.
Would it make a difference to your advice if Ton PLC, the parent company of Pan
Ltd, was responsible for the health and safety policy at the chemical manufacturing
plant?
END OF PAPER
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OCTOBER 2021

LLM EXAMINATION
FRANCHISING LAW
Module B: Intellectual property and franchising
1. ‘A franchise is little more than a trade mark licence.’ Discuss this statement
critically.
2. DRV Dry Cleaning, a franchise, is world famous mainly through it being referred
to in Hollywood films and US TV programmes. It has yet to sell franchises in the
United Kingdom. David sets up a small dry cleaners called “DRV”. He downloaded
an operating manual for the US franchise from an illegal website. It is marked
“Confidential”. David copies many, but not all, of the features of the US franchise
including the colour scheme, the famous DRV Dry Cleaning picture, and the store
layout. Advise DRV Dry Cleaning (the franchise) what remedies there may be
under UK law.
END OF PAPER
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OCTOBER 2021
LWM17B

LLM EXAMINATION
LAW OF FINANCIAL CRIME
Module B: Fraud and market manipulation
1. ‘The law on market manipulation is vital in the systemic effectiveness of financial

markets. If market participants were able to use manipulative and abusive
techniques then financial markets would cease to function effectively or to attract
investors in sufficient numbers. The modernization of the law since the global
financial crisis has improved it markedly.’
Discuss.
2. ‘The criminal law on market abuse differs markedly from the regulation of market
abuse. The two codes have different aims and different levels of effectiveness,
despite seemingly covering the same market activity.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM19B

LLM EXAMINATION
HUMAN RIGHTS OF WOMEN
Module B: Feminist critiques of human rights
1. ‘Feminist reconstructions of rights enrich and improve human rights discourse.’
Discuss.
2. How useful is feminist legal theory when examining the human rights of women?
END OF PAPER
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OCTOBER 2021
LWM20B

LLM EXAMINATION
INDUSTRIAL AND INTELLECTUAL PROPERTY
Module B: Copyright law

(Previously known as: Intellectual property and creativity)
1. The Statute of Anne is generally regarded as being the world’s first copyright
statute. It provided in part that:
“if any other bookseller, printer or other person whatsoever, from and after the
tenth day of April, one thousand seven hundred and ten, within the times granted
and limited by this act, as aforesaid, shall print, reprint, or import, or cause to be
printed, reprinted, or imported, any such book or books, without the consent of the
proprietor or proprietors thereof first had and obtained in writing, signed in the
presence of two or more credible witnesses; or knowing the same to be so printed
or reprinted, without the consent of the proprietors, shall sell, publish, or expose
to sale, or cause to be sold, published, or exposed to sale, any such book or books,
without such consent first had and obtained, as aforesaid: then such offender or
offenders shall forfeit such book or books, and all and every sheet or sheets, being
part of such book or books, to the proprietor or proprietors of the copy thereof,
who shall forthwith damask, and make waste paper of them; and further, That
every such offender or offenders shall forfeit one penny for every sheet which shall
be found in his, her, or their custody, either printed or printing, published, or
exposed to sale, contrary to the true intent and meaning of this act; the one moiety
thereof to the Queen's most excellent majesty, her heirs and successors, and the
other moiety thereof to any person or persons that shall sue for the same, to be
recovered in any of her Majesty’s courts of record at Westminister.”
Assess critically this approach in comparison with that applied under the current
copyright regime. Are there any elements that do not currently feature but which
could usefully be incorporated in the law?
2. Copyright legislation provides that the owner of copyright has the exclusive right to
communicate the work to the public. Assess critically the scope of this right, paying
particular attention to the impact of new technologies such as hyperlinking.
END OF PAPER
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OCTOBER 2021
LWM22B

LLM EXAMINATION
INSURANCE LAW (EXCLUDING MARINE INSURANCE LAW)
Module B: Insurance contract formation
1. ‘There seems no reason for the differences between the rules on

misrepresentation and fair presentation that apply to consumer insurance and
those that apply to non-consumer insurance.’
Discuss.
2. ‘Showing that the parties have entered into a contract of insurance seems
relatively easy, but, in practice, significant difficulties can arise.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM23B

LLM EXAMINATION
INTELLECTUAL PROPERTY AND MEDICINE
Module B: Access to medicines
1. Is the right to health a cultural issue? Address this question critically.
2. Discuss critically, using examples, the use of prizes as an alternative to patents in

the area of medical research and development.
END OF PAPER
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OCTOBER 2021
LWM24B

LLM EXAMINATION
INTELLECTUAL PROPERTY ON THE INTERNET
Module B: Trade marks
1. Stephanie owns an insurance business operating mainly over the telephone. She
has an extensive portfolio of trademarks including the name of the business, “Beat
Any Quote”, the names of particular types of insurance policies that she sells such
as “Top value motor cover”, slogans used in her advertising and also ring tones
based on pieces of classical music that customers hear when telephoning the
company.
Stephanie is now considering opening an online version of her business and

expanding her operations to other European countries. Advise her whether and to
what extent her existing trade mark portfolio might be of value in the Internet
contest? Are there any other trade marks that Stephanie might usefully seek to
acquire?
2. Under what circumstances might a claimant be better advised to pursue an action

for passing off rather than trade mark infringement?
END OF PAPER
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OCTOBER 2021
LWM25B

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE COMPETITION LAW
Module B: Unilateral, bilateral and multilateral strategies
1. ‘The best way to proceed with multilateralism in the field of competition law would
be to use soft-law instruments.’
Discuss.
2. ‘Extraterritoriality in the field of competition law has both advantages and

shortcomings.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM26B

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE LAW OF COPYRIGHT AND RELATED

RIGHTS
Module B: French and German copyright law and related rights
1. ‘The factors used under French and German Copyright Law to determine the
appropriate level of originality differs.’
Discuss this statement and refer to case law where relevant.
2. Explain and critically discuss the protection afforded to authors vis-à-vis

contracts and licensing agreements with exploiters. In your answer, you may
refer to either French or German law or use a comparative analysis.
END OF PAPER
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OCTOBER 2021
LWM27B

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE LAW OF PATENTS, TRADE SECRETS

AND RELATED RIGHTS
Module B: Comparative law of trade secrets
1. ‘The price to be paid for free speech and a free press in a democratic society will
be the loss of some degree of secrecy about the affairs of [others]. A balance must
be struck between the two competing public interests. Each side, the [trader secret
holder] on the one hand and the press on the other, is entitled to assert its view of
the relative values of these particular interests and of the extent to which one must
give way to the other.’
Scott J, AG v Guardian (No 2) [1990] 1 AC 109,
Discuss with reference to at least two jurisdictions you have studied.
2. Jeff has invented a radiator. It is designed in such a way that heat is distributed
throughout the room. He has approached a number of large manufacturers
discussing the benefits of the radiator. He has been cautious not to disclose any
of the technical details. After eight months and many rejections, he eventually
obtains a meeting with Heat Us Up (HUU), a leading heating manufacturer.
Jeff meets Polly, the R&D Director at HUU, on 5 February 2020. He brings along
technical drawings of the new fan and explains them to Polly (who is a Chartered
Engineer). Jeff hears nothing more from Polly. He continues his search for funding
to support the new product. Eventually, he secures a meeting with a venture
capitalist. A week ago, Michael an employee of HUU, lets Jeff know that HUU are
about to sell the new radiators next Monday. Jeff is due to meet the venture
capitalist on the same day.
Discuss what, if anything, Jeff can do so that he has a viable prospect for the
venture capitalists. Your answer should consider (a) the law of the United
Kingdom; (b) the law of one other jurisdiction you have studied.
END OF PAPER
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OCTOBER 2021
LWM28B

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE LAW OF TRADE MARKS, DESIGNS

AND UNFAIR COMPETITION
Module B: Unfair competition
1. Which are the more frequently occurring forms of unfair competition and what is
the rationale of offering legal protection against them?
2. Critically discuss the differences and similarities between the United Kingdom’s
and the United States’ legal systems of protection offered against unfair
competition.
END OF PAPER
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OCTOBER 2021
LWM29B

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE TRUST LAW
Module B: Offshore purpose trusts
1. ‘The use of the concepts of protectors and enforcers to replace the need for a
beneficiary under the beneficiary principle is central to the operation of many trusts
regimes in jurisdictions outside the UK. The importation of that concept into
English trusts law is, however, hotly contested. The removal of the need for a
beneficiary has achieved a significant development in the trust concept.’
Discuss by reference to the law of two or more jurisdictions.
2. ‘The use of trusts is complicated in jurisdictions which apply forced heirship rules,
by contrast with jurisdictions which permit freedom of testation. The use of trusts
offers an alternative means of allocating title in property after death in these
jurisdictions which achieves socially useful outcomes.’
Discuss.
END OF PAPER
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OCTOBER 2021

LLM EXAMINATION
INTERNATIONAL CRIMINAL LAW
Module B: International criminal courts and tribunals
1. The ICC has flatly rejected the application of the Joint Criminal Enterprise (JCE)
doctrine developed by the ICTY. This is a case of tribunal power politics.
Critically discuss.
2. International criminal tribunals have failed to heal the wounds of post-conflict

ridden societies. On the other hand, some truth commissions, such as the South
African Truth and Reconciliation Commission have achieved that very purpose.
Critically discuss.
END OF PAPER
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OCTOBER 2021
LWM31B

LLM EXAMINATION
INTERNATIONAL ECONOMIC LAW
Module B: International monetary and development law and policy
1. How has the IMF reformed in order to meet changing international economic
realities since its inception? Discuss.
2. To what extent have the various UN development agencies such as the UNCTAD
and the UNDP contributed to the development of international economic law?
Discuss.
END OF PAPER
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OCTOBER 2021
LWM32B

LLM EXAMINATION
INTERNATIONAL ENVIRONMENTAL LAW
Module B: General aspects of international environmental law II
1. Critically assess the contribution of the International Court of Justice in the

development of International Environmental Law.
2. Critically analyse the function of the procedural environmental human right in

light of international agreements.
END OF PAPER
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OCTOBER 2021
LWM33B

LLM EXAMINATION
INTERNATIONAL INVESTMENT LAW
Module B: International efforts to regulate foreign investment
1. To what extent has the WTO contributed to the regulation of foreign investment?
Evaluate with reference to relevant WTO agreements.
2. Is there need for a single comprehensive global treaty on the regulation of foreign
investment? If yes, what should be included in such a treaty? Discuss.
END OF PAPER
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OCTOBER 2021
LWM34B

LLM EXAMINATION
INTERNATIONAL LAW OF THE SEA
Module B: Baselines, the territorial sea and the contiguous zone
1. Straight baselines: Critically discuss the conditions under which a coastal State
may use them, taking into consideration any relevant case-law.
2. Critically discuss the passage of foreign warships and nuclear-powered ships

through the territorial sea, taking into consideration the relevant provisions of the
1982 UN Law of the Sea Convention.
END OF PAPER
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OCTOBER 2021
LWM35B

LLM EXAMINATION
INTERNATIONAL RIGHTS OF THE CHILD
Module B: The core principles of children’s rights mechanisms
1. Critically analyse the child’s right to development under Article 6 of the UN

Convention on the Rights of the Child 1989.
2. ‘Genuine commitments to child participation rights would focus solely on outcomes

rather than processes.’
Discuss this statement based on your understanding of the implementation of

Article 12 of the UN Convention on the Rights of the Child 1989.
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LLM EXAMINATION
INTERNATIONAL TRADE LAW
Module B: Carriage of goods by sea in international trade law
1. Eric is the holder of two bills of lading, the first relating to a consignment of plasma
televisions and the other relating to a consignment of satellite dishes. Both
consignments are to be carried on the MV Pacific, a ship owned by Bella and
voyage chartered to Kirsty.
Both bills are made out to “Eric or order” and are signed by Bella “as Carrier”. The
first bill provides that cargo shipped “under deck, space permitting”. The container
holding the plasma televisions is placed on the ship’s deck because one part of
the cargo hold is under repairs and cannot receive cargo. At sea, during
unseasonable heavy rain, rainwater enters the container damaging the plasma
televisions. Rain would not have entered the container had the container been
kept in the hold but it also is clear that the container is defective and thus, not
sufficiently watertight.
During the voyage, the plastic packaging for the satellite dishes catches fire and
smoke begins to emit from the container. The master, fearing for the safety of the
ship and crew, orders the crew to open the container and fight the fire with water
pipes. The satellite dishes are damaged beyond repair. It is not common practice
to fight container fires with electronic goods with water.
Advise Eric as to his rights and liabilities.
2. ‘A mere transfer of possession of a bill of lading is sufficient to transfer all rights

and obligations under the bill of lading to the transferee.’
Discuss and explain whether you agree with this statement and support your
answer with case law.
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LLM EXAMINATION
LAW AND POLICY OF INTERNATIONAL COURTS AND TRIBUNALS
Module B: Non-adjudicatory dispute resolution processes
1. ‘While numerous international courts and tribunals are now available for the
settlement of inter-state disputes, in most circumstances arbitration offers a more
flexible and attractive option for states.’
Critically discuss.
2. What are the limitations of mediation as a means for the peaceful settlement of
inter-state disputes? Critically discuss.
END OF PAPER
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LLM EXAMINATION
MARINE INSURANCE LAW
Module B: The doctrine of utmost good faith and insurance contracts
1. Section 17 of the Marine Insurance Act 1906, as amended by the Insurance Act
2015, provides that the contract of marine insurance is based upon the utmost
good faith. Explain and discuss the purpose and nature of the duty as it exists
both before and after the making of the marine insurance contract.
2. A shipbuilder wished to insure a ship in the process of construction at the

shipbuilder’s shipyard and approached the Global Insurance Company
(‘Global’). The shipbuilder was building the vessel pursuant to a contract with
the Earth Oil Company (‘Earth Oil’).
A representative of the Global attended the shipyard to inspect the vessel

before deciding whether or not to insure the ship. During the inspection carried
out together with the shipbuilder’s managing director and the shipbuilder’s
insurance broker, an unidentified man approached the managing director and
accused him of using cheap materials in building the ship and threatened to
‘get back at you’. The broker explained to the representative of Global that the
man was a former employee of the shipbuilder, but in fact he was a
representative of the Earth Oil.
The representative of Earth Oil had a history of being hot-tempered, but on this
occasion the managing director was frightened by the force of the outburst and
feared for his own safety and the safety of the ship.
After the departure of the representative of Global, the managing director

informed the broker that although the materials being used in the ship’s
construction were cheap, they were certified as being safe and suitable for ship
construction. The broker, however, explained to the Global that the materials
being used for the ship were the best and most expensive in the market.
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Global issued a policy for the ship whilst under construction. Three days later,
the ship was destroyed by fire. The cause of the fire was unknown.
The shipbuilder made a claim for an indemnity under the policy. Global declined
the claim and sought to avoid the policy on the grounds that there had been a
non-disclosure or a misrepresentation as to the following matters: (a) the
identity of the person who lost his temper with the managing director during the
inspection; (b) the managing director’s fear for the safety of the ship; and (c)
the nature and quality of the materials being used in the ship construction.
Global’s underwriter’s evidence was that had she been informed of these
matters, she would have either not entered into the insurance contract or would
have charged a premium at three times the premium actually charged.
Advise the shipbuilder of its entitlement to an indemnity under the policy. Also
advise the shipbuilder whether it has any recourse against the insurance broker
in the event that it is not entitled to claim under the policy.
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LLM EXAMINATION
MULTINATIONAL ENTERPRISES AND THE LAW
Module B: National regulation of multinational enterprises
1. Performance requirements are often prohibited on the grounds that they control
the behaviour of MNEs in a manner which is distortive of international markets
and, therefore, counterproductive. Yet they can also be used to attain economic
development objectives. Reconcile these two different views of performance
requirements and argue either in favour or against state use of performance
requirements.
2. A court in Canada has held that a parent company can be liable for jus cogens
(peremptory norms of international law) violations by a subsidiary company. How
does this holding align with parent company liability for acts of the subsidiary cases
in the UK?
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LLM EXAMINATION
REGULATION AND INFRASTRUCTURE OF INTERNATIONAL COMMERCIAL

ARBITRATION
Module B: Arbitration agreement
Candidates are permitted to refer to the Primary Materials 2021.
1. What would you consider essential when drafting an arbitration agreement, and
what is the core minimum content to ensure its validity and enforceability?
To what extent does your answer to the above questions depend on whether the
agreement is designed for ad-hoc or institutional arbitration?
2. Do you consider the following clause valid and enforceable? Are there any
potential problems? Give reasons for your views with references to relevant laws,
rules and decided cases.
‘In the event of any dispute arising out of this Agreement, the Parties shall first
attempt to resolve it by third party assisted discussions. Any Party may notify the
other of its desire to enter into consultation to resolve a dispute. If no solution can
be reached between the Parties for a continuous period of two months in these
negotiations, the Parties will strive to resolve any matter through arbitration under
the rules of the ICC. The number of arbitrators shall be two (2). The seat of
arbitration shall be determined by the arbitrators. The language of the proceedings
will be determined by the parties.’
END OF PAPER
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LLM EXAMINATION
RUSSIAN LAW AND LEGAL INSTITUTIONS
Module B: Foundations of Russian law
1. ‘Russian law should be considered to be among the “natural law” jurisdictions of

the world.’
Discuss.
2. ‘Peter the Great must be numbered among the early Russian comparative
lawyers.’
Discuss.
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LLM EXAMINATION
TAXATION PRINCIPLES AND POLICY
Module B: Issues in modern taxation
1. ‘The fact that the UK does not have a robust GAAR is fatal to its attempts to tackle
tax avoidance.’
Discuss.
2. ‘Any system of taxation must have at its heart a political stance.’
Discuss.
END OF PAPER
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LLM EXAMINATION
TELECOMMUNICATIONS LAW
Module B: Telecommunications liberalization in Europe
1. Discuss general authorisation and spectrum licensing rules, including how these
rules have been impacted by the European Electronic Communications Code
(EECC).
2. How is European Electronic Communications Code (EECC) changing ex ante

access regulation? Discuss.
END OF PAPER
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LLM EXAMINATION
TRANSFER OF TECHNOLOGY LAW
Module B: Licensing of intellectual property
1. Mo enters a licence agreement with Simon in respect of Simon’s patent for making
widgets. The licence includes the following terms:
“(3) Mo will pay Simon 4% of his gross profit from the sale of each widget. Payment
will be made on the last day of each month in relation to the profits made in the
preceding month.
(4) Simon has the right to demand a full accounting of sales and costs of sales
from Mo.”
For the first two years, Mo does not work the patent at all. When he starts working
the patent, Mo falls six months behind in making royalty payments. Eight months
later, Mo stops paying royalty payments on the basis that he is making “no profit”.
Simon wants to bring a claim against Mo for (a) not working the patent; (b) not
paying the royalty on time; (c) manipulating profits. Advise him.
2. Critically evaluate the following three things:

(a) The assignment of accrued rights of action;
(b) Limited title guarantees;
(c) The notice requirement for assignments.
END OF PAPER
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LLM EXAMINATION
WESTERN EUROPEAN LEGAL HISTORY
Module B: Interactions of Roman and local law: twelfth–sixteenth centuries
1. Who was Bartolus and what was his significance in European legal history?
Discuss.
2. What was the reason for the revival of Roman law in Bologna in the twelfth
century? Discuss.
END OF PAPER
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LLM EXAMINATION
WORLD TRADE LAW
Module B: Basic principles of trade in goods
1. Sunland (a WTO member) has decided to look for new trade opportunities and,
after 20 years of membership, has withdrawn from the Comprehensive Trade
Partnership (CTP), a customs union formed by ten other WTO members.
Sunland’s withdrawal from the CTP is amicable and the parties have succeeded
in reaching a deal (known as the ‘Departure Agreement’), which guarantees ‘zero
tariffs and zero quotas’ for products originating in Sunland when exported to the
CTP. Pursuant to the Departure Agreement, with respect to all other issues, WTO
rules will apply.
In a speech given at a ceremony celebrating the conclusion of the Departure

Agreement, Sunland’s Prime Minister assures the business leaders present at the
ceremony that owing to the new deal ‘there will be no non-tariff or other barriers in
trade in goods between Sunland and the CTP, and flow of goods will continue
smoothly and without obstacles, as if Sunland were still a member of the customs
union’.
Is the Prime Minister correct? Advise the Prime Minister on WTO rules relating to
customs valuation, rules of origin, and safeguards, and evaluate whether trade in
goods between Sunland and the CTP is likely to continue as ‘smoothly’ as the
Prime Minister expects.
2. When reviewing the past 25 years of WTO jurisprudence, it becomes obvious that
the exception clause most frequently invoked in WTO dispute settlement
proceedings has been Article XX of the GATT 1994.
Why is Article XX so ‘popular’ in comparison to other defences of WTO-

inconsistent measures? Can you provide examples of specific exceptions in Article
XX, which have been applied to circumstances and interpreted in a manner most
probably not envisaged by the creators of the GATT 1947? Discuss.
END OF PAPER
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LLM EXAMINATION
YOUTH JUSTICE
Module B: Youth justice law in England and Wales I: the internal dimension
1. Critically discuss the main aims of youth justice legislation in England and Wales
including recent legislative advances such as the law pertaining to the age of
criminal responsibility.
2. Critically evaluate the main avenues to conviction/acquittal and the relevant courts
responsible for passing sentences against young persons. Is the system fit for
purpose or is it time for reform?
END OF PAPER
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LLM EXAMINATION
LAW OF TREATIES
Module B: Entry into force and the scope of treaty obligations
1. Explain and critically analyse the main features of the regime of reservations under
the 1969 Vienna Convention on the Law of Treaties. Is it applicable to all types of
treaties?
Discuss.
2. Explain and critically analyse the system of objective regimes in relation to treaties.
END OF PAPER
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LLM EXAMINATION
EXTERNAL RELATIONS LAW OF THE EUROPEAN UNION
Module B: International law and European Union law
1. In Case C-246/07 Commission v Sweden (PFOS) the Court of Justice used the
duty of cooperation to limit Member States’ powers in a similar manner to areas of
EU exclusive competence. To what extent, if at all, do you agree with this
statement? Critically discuss, referring to relevant Treaty articles and case-law of
the CJEU.
2. When are Member States expected to violate their international law obligations in
order to comply with EU law? Do you agree with the rationale of the Court of
Justice behind prioritizing Member States’ EU law obligations? Give reasons for
your answer.
END OF PAPER
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LLM EXAMINATION
MEDICAL LAW AND ETHICS
Module B: Access to treatment and malpractice litigation
1. Critically assess whether the Consumer Protection Act 1987 provides adequate
protection for patients who have suffered drug-related injury.
2. ‘The parents in wrongful pregnancy cases have undoubtedly been wronged

because they have been deprived of their freedom to control the size of their
family. They should be fully compensated for their losses.’
Critically discuss.
END OF PAPER
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LLM EXAMINATION
INTERNATIONAL MERGER CONTROL
Module B: Merger control regimes 1
1. ‘At its heart, the US approach to the assessment of horizontal mergers is highly
similar to the EU approach.’
Discuss.
2. ‘The European Commission is too interventionist when it comes to the regulation

of merger operations.’
Discuss.
END OF PAPER
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LLM EXAMINATION
INTERNATIONAL REFUGEE LAW
Module B: The European dimension of refugee law
1. Critically discuss the strengths of the current EU asylum law.
2. In which ways has MMS v Belgium and Greece been an important judgment for
the European refugee law?
END OF PAPER
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LLM EXAMINATION
UNITED NATIONS PROTECTION OF HUMAN RIGHTS
Module B: Substantive rights under United Nations human rights treaties 1
1. Follow the evolution of civil and political rights since the adoption of the UN
Charter, via Universal Declaration of Human Rights, to the International Covenant
on Civil and Political Rights. Conclude by giving your own critical views on each
phase of the process.
2. Explain the rights protected by the Convention against Torture (CAT) and evaluate
their enforcement through the mechanism of protection established by the CAT.
END OF PAPER
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LLM EXAMINATION
INTELLECTUAL PROPERTY AND SPORT
Module B: Sponsorship in sports
1. ‘Sponsorship presents a host of opportunities. The allocation between primary and

secondary sponsors properly allocates these opportunities.’
Evaluate critically this statement.
2. ‘[The British Tobacco Group] are a very generous corporation with a strong sense
of responsibility towards the community. Look at all the money they give to sport.
And now you’re trying to stop them!’
Yes Prime Minister (a TV comedy), The Smokescreen,

BBC. first Broadcast 23 January 1986
Discuss the restrictions that now apply to the sponsoring of sport by tobacco
companies. Your answer should also consider whether other industries are facing
the same sorts of restrictions.
END OF PAPER
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LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE BANK REGULATION
Module B: Basel Committee and the regulation of international banks
1. ‘It is not too much of an exaggeration to say that the Basel Committee is as close
to a regulator for the world’s banking systems as it is possible to achieve.’
Discuss.
2. Discuss why the Basel Committee’s pronouncements amount only to what is

known as ‘soft’ law, and what advantages and disadvantages this may have for
the work of the committee.
END OF PAPER
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LLM EXAMINATION
LAW OF INTERNATIONAL FINANCE: SYNDICATED LOANS
Module B: Terms of the contract Part I
1. Since, in some respects at least, they seem to cover the same or similar issues,
what are the reasons for including both conditions precedent and representations
and warranties in a syndicated loan contract, and what difficulties might be
encountered in drafting these terms? Discuss.
2. Discuss the situation where a lending bank, which is a party to a syndicated loan
contract, refuses to pay over to the borrower the funds promised in the contract.
END OF PAPER
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LLM EXAMINATION
PRIVATE INTERNATIONAL LAW IN INTERNATIONAL COMMERCIAL

LITIGATION
Module B: Jurisdiction and competence of courts in private international law
1. ‘The Brussels Regulation (Recast) has addressed the absurd results caused by
C-185/07 West Tanker [2009] ECR I-663.’
Critically evaluate the statement.
2. Drummond (domiciled in Kanas [Belgium]) was a glider pilot. He went to New York,
New York [Paris, France] and flew around Central Park [the Louvre]. On the last
day of his trip, he crash landed on Desmond’s car (Desmond is a domicile of
Vermont [Germany]). The accident was caused when Desmond parked across a
small private runway. Drummond has insurance through Global Life (incorporated
in and having its principal place of business in Virginia [Sweden]). Desmond has
insurance through Irish Widows Insurance Inc (a company based in Utah
[Ireland]).
(a) Discuss which US states might have jurisdiction under the Second
Restatement.
(b) Substitute the words in square brackets, which Member States would have
jurisdiction under the Brussels Regulation (Recast)?
END OF PAPER
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LLM EXAMINATION
PRIVATE LAW ASPECTS OF THE LAW OF FINANCE
Module B: Stranger liability in finance
1. ‘The concept of “dishonesty” that has developed in the case law on dishonest
assistance is similar to the principles of financial regulation because it focuses on
objective standards of behaviour which finance professionals should observe.
There have been some cases, however, which have suggested that subjective
concepts of honesty should be used. This use of subjective concepts would make
it impossible for the law to work in parallel with financial regulation.’
Discuss.
2. ‘The general law of England and Wales is exceptionally good at reaching

commercially useful outcomes. However, it does not operate well with statutory
regulation like the FCA Handbook in all circumstances. There is a need for the
liability of strangers to a breach of trust to be brought closer to the principles of
financial regulation.’
Discuss.
END OF PAPER
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LLM EXAMINATION
INTERNATIONAL COMMERCIAL INSURANCE LAW
Module B: Reinsurance losses and claims
1. What roles do the ‘claims co-operation’ and ‘claims control’ clauses play in
reinsurance contracts? Is it possible to reconcile the ‘follow the settlements’ and
‘claims control’ or ‘claims co-operation’ clauses when they appear in the same
reinsurance contract?
2. Explain the meaning and operation of the ‘follow the settlements’ clause in lights
of the rulings in Hill v Mercantile and General [1996] 3 All ER 865, Commercial
Union Assurance Co v NRG Reinsurance Ltd [1998] 2 Lloyd’s Rep 600 and
Insurance Co of Africa v Scor (UK) Reinsurance [1985] 1 Lloyd’s Rep 312.
END OF PAPER
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LLM EXAMINATION
SECURITIES LAW
Module B: Prospectus and transparency regulation of securities
1. ‘The regulation of the necessary information which must be provided as part of a

securities issue is key to the UK regulation of securities. The way in which legal
obligations are imposed on the “persons responsible” for the securities and their
prospectus leaves several issues unresolved.’
Discuss.
2. ‘Prospectus regulation is different from transparency obligations regulation. Most

of the focus is lavished on prospectus regulation and the requirements for
information before securities are issued. However, transparency obligations
regulation is equally significant in practice. The imposition of continuing obligations
after those securities have been issued and the identification of the people who
control those securities are vital to securities regulation.’
Discuss.
END OF PAPER
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LLM EXAMINATION
COMMERCIAL BANKING LAW: BANK–CUSTOMER RELATIONSHIP
Module B: Duty of care, fiduciary duty, constructive trust and undue influence
1. ‘In relation to constructive trusts, there are important distinctions between knowing
receipt and accessory liability (or dishonest/knowing assistance).’
Explain and discuss.
2. ‘The relationship between a bank and a customer does not normally give rise to a
fiduciary duty.’
Discuss.
END OF PAPER
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LLM EXAMINATION
INTERNATIONAL NATURAL RESOURCES LAW
Module B: Specific issues relating to the management of natural resources
1. ‘Illegal, Unreported and Unregulated (IUU) fishing is one of the major

challenges of modern times.’
Discuss with reference to the existing legal framework and case law.
2. Critically discuss the conservation techniques implemented in the 1992 UN

Convention on Biological Diversity and their interaction with other legal
instruments addressing the protection of biodiversity.
END OF PAPER
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LLM EXAMINATION
DERIVATIVES LAW
Module B: Terminating derivatives transactions
1. ‘It transpired that the Event of Default and Termination provisions of the ISDA
Master Agreement were consistent with English insolvency law, despite the fears
of those who drafted that agreement originally that insolvency law would defeat its
operation.’
Discuss.
2. ‘The different methods of terminating ISDA Master Agreements have met with
difficulties in the English courts. The English cases have rendered the ISDA
contractual architecture ineffective.’
Discuss.
END OF PAPER
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LLM EXAMINATION
LAW ON INVESTMENT ENTITIES
Module B: Collective investment schemes
1. ‘The fiduciary duties of the managers of unit trusts and OEICS are central to their
operation. In that sense there is little difference between them. When choosing
which investment vehicle you would prefer to use, there is effectively nothing to
choose between them.’
Discuss.
2. ‘Unit trusts are not really trusts at all. Their name is a misnomer because the word
“trust” does not really belong in there. They are really investment contracts. The
architecture of the trust adds nothing to the arrangement.’
Discuss.
END OF PAPER
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LLM EXAMINATION
LAW OF INTERNATIONAL PROJECT FINANCE
Module B: An introduction to project finance
1. Your client, Project Bank, is considering financing a road modernisation project

in Borduria, an emerging market country, with a nascent legal system. Advise
your client on:
(a) the types of issues arising under the domestic law of Borduria that Project
Bank should assess as part of its due diligence; and
(b) the types of conditions precedent, covenants and events of default that are
typically found in project finance loan agreements, but not in ordinary
corporate loan agreements.
2. You represent a consortium of three international construction companies,

acting as sponsors in a project involving the construction of a highway in
Elbonia. Your clients plan to form a project company as a means by which they
will act collectively and in order to shield other assets owned by the sponsors
from the detrimental effects of possible project failure. Advise your clients on
the following:
(a) What issues should the sponsors consider in determining the type of corporate
form that will be used for the project company?
(b) What are the advantages and disadvantages of using each of the following
corporate forms: (1) special purpose vehicle, (2) an unincorporated joint venture
and (3) a partnership?
END OF PAPER
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LLM EXAMINATION
LEGISLATION AND STATUTORY INTERPRETATION
Module B: Making legislation
1. Discuss if and when there is a role for legislative drafters in the process of policy
formulation.
2. Discuss if post-legislative scrutiny plays any role in the quality of legislation.
END OF PAPER
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LLM EXAMINATION
CORPORATE GOVERNANCE AND COMPLIANCE
Module B: Compliance
1. Describe key differences between deferred prosecution agreements in the US and

the UK.
2. The rapid development and evolution of artificial intelligence technologies, while

unleashing opportunities for business and communities across the world, have
prompted a number of important overarching questions that go beyond the walls
of academia and high-tech research centres in the Silicon Valley. Critically discuss
the founding values that, according to the Institute of Business Ethics, should form
the cornerstone for the ethical framework of artificial intelligence in business.
END OF PAPER
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LLM EXAMINATION
LAW OF INTERNATIONAL TAXATION
Module B: Double taxation conventions I
1. ‘The Multilateral treaty envisaged by BEPS Action 15 will facilitate the updating of
double tax treaties.’
Explain and critically discuss this statement.
2. Claire is a national of the state of Ruritania. She grew up there and her parents
still live there. Claire is employed by Muse, a company registered in the state of
Urbania where it has its main office. Claire works for Muse in the state of Silvania
for three months a year and in Urbania for two months each year. Claire lives in a
house she owns in Urbania for four months of the year.
Claire also owns, through a company, a home in Ruritania which she uses for
holiday purposes for a month in the Summer but rents out for the rest of the year.
Apart from her work, Claire is internationally renowned as a pianist and in the last
year she has played concerts in the states of Hogwarts, Silvania and Urbania
earning over $100,000.
All the states mentioned above have entered into double tax agreements with each
other based on the 2017 OECD Model Tax Convention.
Advise Claire on where she may be regarded as tax resident and how her
employment earnings from Muse, her rental income and her concert earnings
should be taxed.
END OF PAPER
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LLM EXAMINATION
ADVANCED TORTS
Module B: The action in negligence
1. Mona is a fashion model. However, years of working long hours, and partying hard,
have taken a toll on her appearance. Mona visited her local herbalist, Mr Abel,
who specialises in alternative medical treatments, and who recommended a new
face cream, Dyoxil, that ‘melted the years away’. Despite Mr Abel’s instructions,
Mona applied the cream three times a day instead of once a day. Her face became
intensely inflamed.
Mona visited her local doctor who immediately diagnosed skin damage caused by
Dyoxil, and recommended in-patient treatment at the Bell Hospital, under the care
of skin specialists. One evening at the hospital, Mona was chatting with Nurse
Anna at the nurses’ station (where patients were not supposed to be). On this
particular evening, Mona washed her hands at a basin in the hospital corridor near
the nurses’ station. Mona used liquid from the dispenser immediately above the
basin and patted it on her face, believing it to be soap. Mona instantly experienced
a burning sensation. Nurse Anna told Mona to urgently wash it off, as that
dispenser contained a bleach-based cleaner for the basins and toilets. The soap
dispenser was at least half a metre further away from the basin.
Within a few days, while still at the hospital, large blisters had formed on Mona’s
face. It was medically known that Dyoxil could cause blistering for some patients,
with the risk being 0.01%. Mr Abel had not warned her of that risk. However, the
strong cleaning agent used at Bell Hospital could also cause skin blistering. It was
impossible to say, on the balance of probabilities, what caused Mona’s blistering.
Meanwhile, Mona’s mother, Jacqui, visits her daughter at the hospital. Upon
witnessing Mona’s drastically changed appearance, Jacqui suffers a severe
shock, and has to quickly leave. She is subsequently diagnosed with severe
depression, which her doctors attribute to the shock of witnessing the change in
her daughter.
Advise as to any actions available to Mona and Jacqui in negligence.
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2. ‘The law tampers with the “but for” test of causation at its peril.’ (Sienkiewicz v
Greif (UK) Ltd (2001) per Lord Brown.
Discuss some of the circumstances where the law has departed from the ‘but for’
test, and the reasons why it has done so. Has this been a good or a bad thing?
END OF PAPER
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LLM EXAMINATION
ADVANCED CONTRACT LAW
Module B: Law of agency
1. Critically examine the various kinds of authority of an agent, citing relevant case
law.
2. (a) Donald enters into a contract with Jayne who is acting as an agent for Boris.
What are Donald’s rights against Jayne and Boris?
(b) What are Donald’s rights if Jayne had not informed Donald that she is
contracting on behalf of Boris?
END OF PAPER
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LLM EXAMINATION
MARITIME DISPUTE SETTLEMENT
Module B: Introduction to the law of the sea
1. ‘In 2011, the International Tribunal for the Law of the Sea’s Seabed Dispute
Chamber established extensive obligations of States with respect to activities in
the Area.’ Do you agree?
2. Explain and critically analyse when, where and under what circumstances a State
may exercise the right to innocent passage.
END OF PAPER
UL21/1026 Page 72 of 73
OCTOBER 2021
LWM85B

LLM EXAMINATION
FINTECH: LAW AND REGULATION
Module B: Blockchain and distributed ledgers
1. ‘Smart contracts are neither smart nor contracts.’
Discuss.
2. Critically discuss the types of disputes likely to arise in the blockchain ecosystem
and key challenges to their resolution.
END OF PAPER
UL21/1026 Page 73 of 73

Module B - OCTOBER - 2021

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OCTOBER 2021

POSTGRADUATE CERTIFICATE IN LAWS

Module B Questions for ALL SYLLABUSES

Wednesday 6 October 2021

Papers may be answered in any order.

Candidates should answer all parts of a question unless otherwise stated.

The index of papers starts on page 2.

DO NOT COMBINE YOUR ANSWERS FOR DIFFERENT EXAMINATIONS INTO A

© University of London 2021

Index of papers Page

LWM01B Acquiring ownership in ships and the ship as property 4

Index continues on next page

LWM52B Youth justice law in England and Wales I: the internal

POSTGRADUATE CERTIFICATE IN LAWS

Module B: Acquiring ownership in ships and the ship as property

Candidates should answer ONE of the following TWO questions.

1. Answer all of the following questions:

POSTGRADUATE CERTIFICATE IN LAWS

APPLICABLE LAWS AND PROCEDURES IN INTERNATIONAL COMMERCIAL

Module B: Procedure and evidence in arbitration

Candidates are permitted to refer to the Primary Materials 2021.

Candidates should answer ONE of the following TWO questions.

1. Where is a legal obligation to follow due process in international arbitration to be

a) How should an international arbitral tribunal go about the task of taking

POSTGRADUATE CERTIFICATE IN LAWS

CARRIAGE OF GOODS BY SEA

Module B: Time charter parties

Candidates should answer ONE of the following TWO questions.

QUESTION 2 CONTINUES ON NEXT PAGE

The normal voyage time from Cartagena to Hamburg is approximately 15 days.

The loading operations were finally completed at 12:00 hours on 29 February

POSTGRADUATE CERTIFICATE IN LAWS

COMMERCIAL TRUSTS LAW

Module B: Equitable devices used to take security in commercial contracts

Candidates should answer ONE of the following TWO questions.

1. ‘The Quistclose trust defies categorization. No single explanation of this type of

2. ‘The models of constructive trust which have been developed to operate in

POSTGRADUATE CERTIFICATE IN LAWS

COMPARATIVE CRIMINAL JUSTICE POLICY

Module B: Legal cultures and criminal justice policy

Candidates should answer ONE of the following TWO questions.

1. ‘Categorisation is risky: it may obscure as much as it can reveal.’ (Pakes, 2019)

2. ‘Socialist legal systems are simply civil law systems incognito.’

POSTGRADUATE CERTIFICATE IN LAWS

CONSTITUTIONAL AND INSTITUTIONAL LAW OF THE EUROPEAN UNION

Module B: Sources of European Union law

Candidates should answer ONE of the following TWO questions.

1. Discuss the view that Directives are a ‘light’ version of Regulations.

POSTGRADUATE CERTIFICATE IN LAWS

CORPORATE FINANCE AND MANAGEMENT ISSUES IN COMPANY LAW

Candidates should answer ONE of the following TWO questions.

1. Do we need disclosure in Company law? Explain why (not).

POSTGRADUATE CERTIFICATE IN LAWS

EQUITY AND TRUSTS IN CONTEXT

Module B: Trusts implied by law

Candidates should answer ONE of the following TWO questions.

1. ‘The development of the principles governing constructive trusts has

POSTGRADUATE CERTIFICATE IN LAWS

EUROPEAN UNION COMPETITION LAW

Module B: Abuse of a dominant position

Candidates should answer ONE of the following TWO questions.

2. ‘The European Commission should follow a stricter enforcement approach in

UNIVERSITY OF LONDON LWM12B