Module A - OCTOBER - 2021

OCTOBER 2021
LWM01A to LWM85A
POSTGRADUATE CERTIFICATE IN LAWS

POSTGRADUATE DIPLOMA IN LAWS
LLM EXAMINATION
Module A Questions for ALL SYLLABUSES
Monday 4 October 2021
This examination booklet contains all Module A examination papers coded LWM01A-
LWM85A. Each candidate will receive a copy of this booklet in its entirety to be used
for the duration of the examination. For each Module A 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.
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
The index of papers starts on page 2.
© University of London 2021
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OCTOBER 2021
Index of papers Page
LWM01A Admiralty jurisdiction and procedure 4

LWM03A Applicable law issues in arbitration 5
LWM05A Contracts of affreightment and voyage charter parties 6
LWM06A The nature of commercial trusts 8
LWM07A Methods of comparative research 9
LWM08A The European Union institutional outline 10
LWM09A Capital I 11
LWM10A The constitution of express trusts 12
LWM11A Anti-competitive agreements and collusion 13
LWM12A Context and foundations of the European Convention on
Human Rights 14
LWM13A The scope of the ‘four freedoms’ 15
LWM15A Company law foundational issues I 16
LWM16A The business of franchising 17
LWM17A Insider dealing and market abuse 18
LWM19A Is the theory underlying human rights law male? 19
LWM20A Intellectual property and technology 20
LWM22A Elements of insurance 21
LWM23A Intellectual property of medicine and its sources 22
LWM24A Digital copyright 23
LWM25A The internationalisation of competition policy 24
LWM26A Copyright law in the United Kingdom and United States 25
LWM27A Comparative law of patents 26
LWM28A The concepts of trade marks, designs and unfair competition 28
LWM29A The nature of the English trust 29
LWM30A General context and international crimes before national
courts 30
LWM31A Evolution and principles of international economic law 31
LWM32A General aspects of international environmental law I 32
LWM33A Evolution of the law of foreign investment 33
LWM34A Evolution of the law of the sea 34
LWM35A Theoretical issues and children’s rights mechanisms 35
LWM36A Export sales on English law terms 36
LWM38A Introduction to international dispute resolution 38
LWM39A The contract of marine insurance 39
LWM40A Multinational enterprises in context 41
LWM42A Regulation and infrastructure of arbitration 42
LWM44A Russian legal system in context 43
LWM47A Underlying principles, themes and ideals in taxation 44
LWM48A The purpose and experience of telecommunications
regulation 45
LWM49A Intellectual property and technology transfer 46
LWM50A The foundation: Roman and Canon law 500-1100 47
LWM51A World Trade Organization institutions and dispute settlement 48
Index continues on next page
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OCTOBER 2021
LWM52A Introduction to youth justice: history and theory 49

LWM54A Introduction to the law of treaties 50
LWM55A Constitutional foundations 51
LWM56A Basic concepts in medical law 52
LWM57A Introduction to merger control 53
LWM60A The development of, and responsibility for, international
protection of refugees 54
LWM61A Mechanisms for human rights protection by United Nations
bodies 55
LWM63A Branding in sports 56
LWM64A Risk, banks and the principles of bank regulation 57
LWM66A Capital markets, finance and the loan contract 58
LWM67A Introduction to private international law in international
commercial litigation 59
LWM69A Fiduciary liability in finance 60
LWM70A The contract of reinsurance 61
LWM71A The foundations of securities regulation 62
LWM72A Banks and customers 63
LWM74A General aspects of international natural resources law 64
LWM75A Analysing and documenting derivatives transactions 65
LWM77A The legal nature of investment entities 66
LWM78A Loan facilities 67
LWM79A Introduction to legislation 69
LWM80A Governance – legal and regulatory framework 70
LWM81A Introduction to international tax law 71
LWM82A Introduction to torts and trespass to the person 72
LWM83A Overview of English contract law 73
LWM84A General dispute settlement in international law 74
LWM85A Payments, alternative financing and cryptoassets 75
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OCTOBER 2021
LWM01A
UNIVERSITY OF LONDON

LLM EXAMINATION
ADMIRALTY LAW
Module A: Admiralty jurisdiction and procedure
Candidates should answer ONE of the following TWO questions.
1. ‘The priority of certain claims in Admiralty is unfair, unjustified and serves no

commercial function.’
Explain the priority of claims in Admiralty, with reference to case law, and critically
discuss the above statement.
2. The Shark is owned by Aquarium Ltd. which also owns another vessel, the Dolphin.
Lin has financed the purchase of the Shark. In April, the Shark collided with a dock
wall and leaked bunker oil. In May it was involved in a collision with the Star, which
resulted in damage to both vessels, the loss of cargo from the Shark, and a number
of severe injuries to crew onboard the Star. In June, the Shark received repairs in
a shipyard, the bill for which remains outstanding. Due to cash flow problems,
ownership of the Shark is transferred to Lin. The crew are discharged. Their wages
for May and June were not paid. Lin sells the Shark to Wong, but demise charters
the ship from Wong and continues to trade with her. Due to a storm the Shark sinks
with all its cargo and the loss of crew. Pacific, the owners of the cargo onboard the
Shark at the time it sank, commence proceedings in rem against the Dolphin at
Liverpool. Dolphin is immediately sold to Seapond Ltd for £10,000.
Advise all potential claimants.
END OF PAPER
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OCTOBER 2021
LWM03A

LLM EXAMINATION
APPLICABLE LAWS AND PROCEDURES IN INTERNATIONAL COMMERCIAL

ARBITRATION
Module A: Applicable law issues in arbitration
Candidates are permitted to refer to the Primary Materials 2021.
1. Answer both parts of this question using examples from arbitral practice,
national and international rules:
a) To what extent do national courts have the power to review whether

arbitrators applied the correct law to the dispute before them?
b) Can national courts review whether arbitrators have applied correctly the
law to the dispute before them?
2. Can arbitrators apply a law other than that chosen by the parties in determining
a dispute before them?
Critically discuss, with the support of relevant legal authority.
END OF PAPER
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OCTOBER 2021
LWM05A

LLM EXAMINATION
CARRIAGE OF GOODS BY SEA
Module A: Contracts of affreightment and voyage charter parties
1. Critically discuss what impact the recent Supreme Court decision in The Ocean
Victory [2017] UKSC 35 has on the safe port warranty in voyage charterparties.
2. The owners of Sea Star chartered the vessel to Top Shipping Ltd. under a
voyage charterparty for the carriage of 100,000 metric tons of vegetable oil from
one safe berth in Hong Kong to a safe berth in Panama.
The charterparty provided inter alia:
Clause 7. This contract shall be governed by English law, and each party
agrees to submit to the exclusive jurisdiction of the English courts.
Clause 9. Should the vessel not be ready to load by 16:00 hours on 10 January
2021, the Charterer shall have the option of cancelling this Charter within 24
hours after the cancelling date.
Clause 11. The vessel shall be loaded and discharged at the rate of 10,000
metric tons per weather working day of 24 consecutive hours, Sundays and
holidays excepted, unless used. Notice of readiness is to be given in writing,
between 09:00 hours and 17:00 hours on Monday to Friday, to the Charterer or
its receivers, time lost waiting for berth to count as loading/discharge.
Clause 12. The Charterer shall not be responsible for any loss, damage or delay
arising from strike.
Clause 15. Demurrage is payable at £2,000 per day, with ½ despatch.
QUESTION 2 CONTINUES ON NEXT PAGE
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OCTOBER 2021
On arrival at the port of Hong Kong, the vessel was ordered by the port
authorities to wait at an anchorage outside the limits of the port. Once at anchor,
on Monday 18 January 2021 at 12:00 hours, the Master sent a written notice of
readiness to the Charterer’s agent, who endorsed the notice “received” and
signed it. There was a nationwide haulage strike in Hong Kong, and therefore
no cargo could be bought to the port earlier than Monday 15 February 2021.
The strike ended on 15 February 2021, but owing to a consequential queue of

vessel no berth was available until 22 February 2021.
The Sea Star finally berthed and started loading on 22 February 2021 at 12:00
hours. By 12:00 hours on Friday 26 February 2021, 50,000 metric tons of
vegetable oil was loaded, but the loading operations were then stopped as the
export of vegetable oil was banned throughout East Asia, including Hong Kong.
Whilst the charterer was endeavouring to obtain the consent of the government
authorities, the vessel was detained until Monday 8 March 2021. The export
ban was finally lifted on 8 March 2021. Loading operations were completed on
18 March 2021.
Under a follow-on voyage charterparty concluded on 10 January 2021, the

vessel was chartered to Kronos Shipping Ltd. The vessel was to be delivered
in Panama between 15 and 25 of March 2021. Having been informed that the
vessel was still at the port of Hong Kong, Worldwide Shipping Ltd cancelled the
voyage charterparty on Monday 8 March 2021.
Consider the scenario carefully and discuss the legal position of the owners and
charterers.
END OF PAPER
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OCTOBER 2021
LWM06A

LLM EXAMINATION
COMMERCIAL TRUSTS LAW
Module A: The nature of commercial trusts
1. ‘The utility of trusts in commercial transactions is a hotly contested

phenomenon. The inherent flexibility of the ethical ideas at the heart of equity
mean that they can achieve fair outcomes in individual cases but they do not
provide the certainty that commercial people are always presumed to need.
Conscience is not commercial.’
Discuss.
2. ‘Trusts law has been shaped by insolvency in many cases which have come
before the courts. If it were not for parties going into insolvency then the courts
would have had much more liberty to reach different conclusions. It would be
better for statute to develop different rules to govern trusts in situations involving
an insolvent person.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM07A

LLM EXAMINATION
COMPARATIVE CRIMINAL JUSTICE POLICY
Module A: Methods of comparative research
1. ‘Criminal justice can no longer be seen as a purely local phenomenon.’ (Vogler,

2008)
To what extent does this view both reward the comparative criminal justice policy
scholar but also potentially undermine them?
2. ‘Even when official figures are available and reliable that does not mean that
comparison necessarily becomes straightforward.’ (Pakes, 2019)
Critically consider this view and evaluate how the comparative criminal justice
scholar might accommodate this concern.
END OF PAPER
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OCTOBER 2021
LWM08A

LLM EXAMINATION
CONSTITUTIONAL AND INSTITUTIONAL LAW OF THE EUROPEAN UNION
Module A: The European Union institutional outline
1. Article 352 TFEU offers the European Union an open-ended expansion of powers
allowing it to legislate in any area it deems necessary. Discuss.
2. The Commission of the European Union is its most powerful institution. Discuss.
END OF PAPER
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OCTOBER 2021
LWM09A

LLM EXAMINATION
CORPORATE FINANCE AND MANAGEMENT ISSUES IN COMPANY LAW
Module A: Capital I
1. ‘Whether a “right” of a shareholder is deemed to be a “class right” cannot be

predicted. It is time for legislative clarification.’
Critically discuss this statement.
2. ‘The prohibition against the giving of financial assistance should be repealed.

Its objectives can be better met by other means.’
END OF PAPER
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OCTOBER 2021
LWM10A

LLM EXAMINATION
EQUITY AND TRUSTS IN CONTEXT
Module A: The constitution of express trusts
1. ‘There is a paradox at the heart of trusts law. The case law divides between
cases which follow hard-and-fast rules and cases which use flexible equitable
principles so as to reach fair outcomes. This division between rigidity and
flexibility has been at the heart of developments in equity over the centuries.’
Discuss.
2. ‘The beneficiary principle is a good example of a rule of trusts law which means
different things to different judges. In many of the decided cases there is a
determination on the part of the judges to loosen the requirement that there
must be a beneficiary for there to be a valid trust. In line with general equitable
principle, those judges seeking to loosen those requirements are trying to make
the law operate fairly rather than trying to make it operate in accordance with
rigid rules.’
Discuss.
END OF PAPER
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LWM11A

LLM EXAMINATION
EUROPEAN UNION COMPETITION LAW
Module A: Anti-competitive agreements and collusion
1. ‘The concepts of “object” and “effect” under Article 101(1) TFEU are alternatives.
Recent case law appears to confuse the boundaries between them.’
Discuss.
2. ‘The concept of an agreement for the purposes of Article 101(1) TFEU plays a
central role in the European Commission’s enforcement efforts in situations of
collusion.’
Discuss.
END OF PAPER
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OCTOBER 2021
UNIVERSITY OF LONDON LWM12A

LLM EXAMINATION
EUROPEAN CONVENTION ON HUMAN RIGHTS
Module A: Context and foundations of the European Convention on Human

Rights
1. Critically discuss the European Court of Human Rights’ approach to ‘jurisdiction’

under Article 1 ECHR and the extraterritorial application of the Convention.
2. ‘The factors that affect the breadth of the margin of appreciation doctrine are
vague and unclear.’
END OF PAPER
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OCTOBER 2021
LWM13A

LLM EXAMINATION
EUROPEAN INTERNAL MARKET
Module A: The scope of the ‘four freedoms’
1. Discuss the concept of family members under the free movement of persons.
Explain who are considered to be family members and what their rights and
obligations are under the law of the internal market.
2. Your friend M. is a third country national who has been living in Utopia for several
years. Her partner, A, is a national of Erehwon. M and A are unmarried but living
together in a stable partnership. After several years of residence in Utopia, A, who
was unemployed for a while, was offered a job in Erehwon and wants to take the
offer and return to live there. M is running a small business in Utopia which is doing
well and she is reluctant to give it up and start again. She heard that you are
studying the law of the internal market and she asks you to advise on her rights
under EU law, if she decides to follow A in Erehwon.
END OF PAPER
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OCTOBER 2021
LWM15A

LLM EXAMINATION
FOUNDATIONAL AND CONSTITUTIONAL ISSUES IN COMPANY LAW
Module A: Company law foundational issues I
1. Does company law need theories to help it develop?
2. What is company law designed to do?
END OF PAPER
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LLM EXAMINATION
FRANCHISING LAW
Module A: The business of franchising
1. ‘A franchise package can be developed from a relatively new business.’
Evaluate this statement in relation to the steps that should be taken before a
franchise package is sold for the first time.
2. ‘A franchise should be viewed as a relationship and not a transaction.’
Evaluate this statement.
END OF PAPER
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OCTOBER 2021
LWM17A

LLM EXAMINATION
LAW OF FINANCIAL CRIME
Module A: Insider dealing and market abuse
1. ‘Insider dealing is a criminal activity because it allows some market participants

to have unfair advantages over other market participants. Financial systems
cannot operate properly if there is a discrepancy in the level of access to
information between different market participants. Otherwise the argument that
repealing insider dealing law would increase market freedoms is fallacious.’
Discuss.
2. ‘To control market abuse it is important to recognize that the general law and
financial regulation have different objectives and different methodologies.
Nevertheless, making both of these legal codes work together is important.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM19A

LLM EXAMINATION
HUMAN RIGHTS OF WOMEN
Module A: Is the theory underlying human rights law male?
1. ‘The “human” of Human Rights Law needs to be abstract and universal to

include everyone.’
Discuss.
2. ‘Women are invisible in the history of the development of human rights.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM20A

LLM EXAMINATION
INDUSTRIAL AND INTELLECTUAL PROPERTY
Module A: Intellectual property and technology
1. Moira is employed as a research chemist by the Clever Chemist company, a

wholly owned subsidiary of the pharmaceutical company PillsareUs which
produces and markets any new drugs developed by Clever Chemist. Whilst so
employed she discovers that a particular compound, although of no great medical
use is very effective as a plant food. She reports her discovery to her managers
and a patent is sought and obtained naming Moira as inventor and PillsareUs and
Clever Chemist as the joint patent owners.
PillsareUs determine that the subject matter of the patent is outside its area of
business but licences use of it to a number of horticultural companies. The licence
fees bring in an annual income equating to 40% of Clever Chemist’s turnover
although this constitutes only some 3% of PillsareUs’s annual revenue.
Moira now seeks your advice on 2 points:
1. Will she be entitled to ownership of the patent as its scope was outside the
normal range of her employment?
2. Is she entitled to any portion of the licence fees obtained by PillsareUs?
2. What do you understand by the term ‘Standard Essential Patents’? What are the
arguments in favour of and against a patent owner declaring a patent to be
essential within a standard setting process?
END OF PAPER
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OCTOBER 2021
LWM22A

LLM EXAMINATION
INSURANCE LAW (EXCLUDING MARINE INSURANCE LAW)
Module A: Elements of insurance
1. ‘The true nature of a contract of insurance can only be ascertained by careful

consideration of the legal arrangements actually entered into and carried out:
not on an assessment of the broad substance of the transaction measured by
the results intended and achieved or of the overall economic consequences.’
(Richardson, J.)
Discuss.
2. ‘An insurance agent certainly performs an important role in establishing the

insurance contract; but the legal issues arising from the use of an agent still
create difficulties, in spite of the recent reforms.’
Discuss.
END OF PAPER
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OCTOBER 2021
LWM23A

LLM EXAMINATION
INTELLECTUAL PROPERTY AND MEDICINE
Module A: Intellectual property of medicine and its sources
1. ‘Patents encourage innovation.’ Critically evaluate this statement.
2. The regulation of medicines means that a patent alone is not adequate

compensation for research and development. Discuss critically with reference
to supplementary protection certificates and data exclusivity.
END OF PAPER
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OCTOBER 2021
LWM24A

LLM EXAMINATION
INTELLECTUAL PROPERTY ON THE INTERNET
Module A: Digital copyright
1. Sanjay has developed a software platform that facilitates access to online

materials. Links to literary, audio-visual or musical materials may be added to the
platform and software will facilitate classification of these materials. Use of the site
is limited to members of a club established by Sanjay. All members undertake that
they will observe copyright law and that their use of the site will be for social and
domestic purposes. At a basic level, membership is free but affords only limited
access rights. A range of paid membership options is available and essentially the
more that a user pays, the greater will be their access rights.
Sanjay has now been contacted by a copyright protection association who

complain that the manner in which the site operates is in breach of copyright law.
In particular it is claimed that the platform’s operation violates the copyright
owner’s exclusive right to communicate a work to the public. It is also argued that
in failing adequately to monitor the actions of users, Sanjay should be held jointly
liable for copyright infringement.
Advise Sanjay as to his legal position.
2. Assess critically the statutory provisions that permit a lawful user to reproduce
software without authorisation.
END OF PAPER
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OCTOBER 2021
LWM25A

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE COMPETITION LAW
Module A: The internationalisation of competition policy
1. In your view, what is the best strategy for internationalising competition policy?
Discuss.
2. What important business interests should be taken into account when

internationalising competition policy? Discuss.
END OF PAPER
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OCTOBER 2021
LWM26A

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE LAW OF COPYRIGHT AND RELATED

RIGHTS
Module A: Copyright law in the United Kingdom and United States
1. Critically discuss the factors used, and their balancing, with regard to the
concepts of fair use and fair dealing in the US and UK respectively.
2. Moral rights are often deemed to be alien elements in the US and UK copyright
system. Do you agree? In your answer, compare the treatment of moral rights
in both jurisdictions and refer to case law where relevant.
END OF PAPER
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OCTOBER 2021
LWM27A

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE LAW OF PATENTS, TRADE SECRETS

AND RELATED RIGHTS
Module A: Comparative law of patents
1. ‘The patenting of medical methods in the United States is pointless due to the
Ganske Amendment. The absolute ban under the EPC is much more sensible.’
Critically evaluate this statement.
2. Doggy Ltd has developed a dog treat which contains an outer envelope and an
inner lining. The outer envelope can be made of cereals and the inner lining of
marrowbone. They have a patent with a single claim.
Claim
A dog treat which is bone shape consisting of an outer envelope (1) made from
cereals and an inner lining made of marrowbone (2).
Drawing
[Claim modified, and image taken, from EP0558774 (A1)]
A few months after publication of their application, Doggy discovers that Barking plc
are selling three different types of biscuit. All these biscuits were launched after the
priority date of Doggy Ltd’s application.
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OCTOBER 2021
All the biscuits are bone shaped. The first type of biscuit has an outer layer made from
cereals and an inner layer made of fresh meat. The second type of biscuit is divided
in two; the left half is made of cereals and the right half marrowbone. The third type of
biscuit has a dried marrowbone outer layer and a cereal inner layer.
Advise Doggy Ltd on whether any of Barking’s biscuits might infringe their claim and
any restrictions that might apply to their infringement claim under UK law.
END OF PAPER
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OCTOBER 2021
LWM28A

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE LAW OF TRADE MARKS, DESIGNS

AND UNFAIR COMPETITION
Module A: The concepts of trade marks, designs and unfair competition
1. ‘EU trade marks are not merely an indication of the origin of goods and services;
they are also an important guarantee of the quality of goods and services.’
Critically discuss by reference to relevant case-law.
2. Which are the advantages of registered trade mark protection in comparison to

unregistered forms of protection?
END OF PAPER
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OCTOBER 2021
LWM29A

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE TRUST LAW
Module A: The nature of the English trust
1. ‘The beneficiary principle is a central part of the English trust. Without a

beneficiary there is nothing deserving of the label “trust”. The contractarian
account of the nature of trusts is the opposite of the English concept of the trust.
Consequently, it is unfortunate that it is so difficult to conceptualise the nature
of a beneficial interest which is sufficient to satisfy the beneficiary principle in
the English case law.’
Discuss.
2. ‘The nature of the English trust is under threat. The ability of trustees to exclude
their liabilities through the trust instrument is problematic because it makes it
difficult for beneficiaries to hold trustees liable for breaches of trust. The
principles governing sham trusts also allow inappropriate arrangements to
acquire the protection of trusts law. These types of device which practitioners
use are hostile to the essential nature of the English trust.’
Discuss.
END OF PAPER
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OCTOBER 2021

LLM EXAMINATION
INTERNATIONAL CRIMINAL LAW
Module A: General context and international crimes before national courts
1. National courts are better suited to prosecute crimes under international law as
compared to international criminal tribunals.
Critically discuss.
2. It is now clear that the Genocide Convention is not as comprehensive as

customary international law as regards the elements of this crime.
Critically discuss.
END OF PAPER
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OCTOBER 2021
LWM31A

LLM EXAMINATION
INTERNATIONAL ECONOMIC LAW
Module A: Evolution and principles of international economic law
1. ‘Supported by developing states, but opposed firmly by many industrial powers,

the NIEO had little impact on its intended targets such as the Bretton Woods
financial institutions and the GATT.’
Critically discuss the statement.
2. To what extent have developments in international environmental law

contributed to the development of international economic law? Critically reflect
with specific reference to the notion of sustainable development.
END OF PAPER
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OCTOBER 2021
LWM32A

LLM EXAMINATION
INTERNATIONAL ENVIRONMENTAL LAW
Module A: General aspects of international environmental law I
1. What role, if any, is played by soft law in the development of international

environmental law? Illustrate your answer with examples.
2. Critically assess the principles of environmental impact assessment in light of

the existing conventions and the relevant case-law.
END OF PAPER
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OCTOBER 2021
LWM33A

LLM EXAMINATION
INTERNATIONAL INVESTMENT LAW
Module A: Evolution of the law of foreign investment
1. Evaluate the role played by the concept of ‘diplomatic protection’ in the evolution
of international investment law.
2. Give an account of the ‘Calvo Doctrine’, and discuss whether the doctrine
addresses twenty-first-century challenges in international investment law.
END OF PAPER
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OCTOBER 2021
LWM34A

LLM EXAMINATION
INTERNATIONAL LAW OF THE SEA
Module A: Evolution of the law of the sea
1. The land dominates the sea: Critically discuss the ways in which the coastal
State expanded its power over maritime space.
2. What was the impact of non-western States on the evolution of the Law of the
Sea? Discuss.
END OF PAPER
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OCTOBER 2021
LWM35A

LLM EXAMINATION
INTERNATIONAL RIGHTS OF THE CHILD
Module A: Theoretical issues and children’s rights mechanisms
1. Is it an accurate reflection of the UN Convention on the Rights of the Child 1989

to say that it predominantly focusses on child protection rights rather than rights
which protect the child as an active agent? Explain why (not).
2. To what extent do regional human rights mechanisms enhance the protection

afforded to the rights of children?
END OF PAPER
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OCTOBER 2021
LWM36A

LLM EXAMINATION
INTERNATIONAL TRADE LAW
Module A: Export sales on English law terms
1. ‘A certificate final clause in the sale contract always protects a seller in the case
of a hidden defect in the goods that could not have been picked up by
contractual testing. It also has an effect on the passing of risk in international
sale contracts on shipment terms.’
2. On 17 January, a contract was made in the course of telex exchanges between

the Colombian seller, Corazon Ltd, and the English buyer, Bright Light Ltd, for
the sale and purchase of 15,000 tonnes of premium leaded gasoline.
The relevant terms of the sale contract were as follows:
Product: Premium Leaded Gasoline

Price: FOB Cartagena 350 USD per tonne
Quality: Lead 0.10g/l maximum, “scavenger free”.
Shipment: 1 —20 August 2021
Payment: Buyer to open an irrevocable letter of credit in favour of the
seller.
Risk/Title: Title shall vest in the buyer when the product passes the
vessel’s permanent hose connection at the port of loading at
which time the buyer assumes all risks pertaining thereto.
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OCTOBER 2021
On 28 August, the product was pumped into the Moon Star. The vessel arrived
at Hull on 2 September 2021. An inspection was carried out by independent
surveyors at the discharge port. It showed that the cargo was not “scavenger
free” (you may assume that this means that the product is not entirely free of
impurities). Following this inspection, the British port authorities refused outright
to allow discharge of the cargo. By this time, a letter of credit had still not been
opened by the buyer in favour of the seller.
The buyer decided to terminate the contract and claimed compensation from
the seller. At the same time, the seller declared the buyer to be in default and
claims damages.
Critically discuss the parties’ rights, liabilities and remedies under English law.
END OF PAPER
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OCTOBER 2021
LWM38A

LLM EXAMINATION
LAW AND POLICY OF INTERNATIONAL COURTS AND TRIBUNALS
Module A: Introduction to international dispute resolution
1. ‘The age of establishing new regional and international courts is over. No more
are needed. What matters now is to ensure that existing tribunals work
effectively within the mandates conferred by the states that created them.’
Critically discuss.
2. Should international courts and tribunals with specialised subject-matter

jurisdiction defer to the International Court of Justice in respect of rules of
general international law? Critically discuss.
END OF PAPER
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LWM39A

LLM EXAMINATION
MARINE INSURANCE LAW
Module A: The contract of marine insurance
1. Explain and discuss the meaning of (a) valued and unvalued policies and (b)
voyage and time policies. Also explain and discuss the importance of
determining (a) whether marine policies are valued or unvalued policies and (b)
whether marine policies are voyage or time policies.
2. The Volcanic Insurance Company (‘Volcanic’) insured Vesuvius Export

Company Ltd (‘Vesuvius’) and Etna Bank Inc (‘Etna’) in respect of all declared
cargoes of wheat shipped by Vesuvius from Australia during the period from
1st January 2019 to 31st December 2019.
Under the policy, it was agreed that if the market value of the cargo exceeded
US$5,000,000, the declaration had to be agreed by Volcanic.
Under the policy, it was also agreed that in the case of any loss or damage,
Volcanic would pay to Vesuvius and Etna, at Vesuvius’ option, either (i) an
indemnity to Vesuvius representing the market value of the declared cargo if
the cargo was totally lost or the depreciation in value of the declared cargo in
the event of a partial loss or (ii) a lump sum of US$3,000,000.
UL21/1025 Page 39 of 75
OCTOBER 2021
During 2019, Vesuvius shipped 10 cargoes of wheat from Australia each with
a value between US$3,000,000 and US$4,000,000. Vesuvius did not declare
any of these cargoes to Volcanic.
Vesuvius assigned the policy to Etna as security for Etna’s loans to Vesuvius.
Etna took no security interest in the cargoes.
The final cargo shipped by Vesuvius from Australia during 2019 had a market
value of US$3,000,000 and was totally lost when the vessel carrying the cargo
sank. No declaration was made in respect of this cargo.
Advise Vesuvius and Etna separately as to whether it can make a claim under
the policy for the lost cargo and, if so, in what amount.
END OF PAPER
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OCTOBER 2021
LWM40A

LLM EXAMINATION
MULTINATIONAL ENTERPRISES AND THE LAW
Module A: Multinational enterprises in context
1. What is the best approach to regulating MNEs? Discuss the possible options
and opine, using examples, which option(s) is the best.
2. Because MNEs usually rely on states to ensure they benefit from international
law, they cannot be considered actors under international law. Discuss.
END OF PAPER
UL21/1025 Page 41 of 75
OCTOBER 2021
LWM42A

LLM EXAMINATION
REGULATION AND INFRASTRUCTURE OF INTERNATIONAL COMMERCIAL

ARBITRATION
Module A: Regulation and infrastructure of arbitration
Candidates are permitted to refer to the Primary Materials 2021.
1. ‘Commercial arbitration cannot be effectively delocalised.’
Critically discuss, referring to relevant rules, legal material and examples from
arbitral practice.
2. ‘Arbitral practice is defined and supported by an international web of regulation.’
Critically assess the above statement reflecting on the influence of international

arbitration instruments on arbitral practice.
END OF PAPER
UL21/1025 Page 42 of 75
OCTOBER 2021
LWM44A

LLM EXAMINATION
RUSSIAN LAW AND LEGAL INSTITUTIONS
Module A: Russian legal system in context
1. ‘The socialist legal tradition no longer exists in Russia. It has been dead since
1965.’
Discuss.
2. ‘Legal translation is the foundation of comparative law.’
Discuss.
END OF PAPER
UL21/1025 Page 43 of 75
OCTOBER 2021
LWM47A

LLM EXAMINATION
TAXATION PRINCIPLES AND POLICY
Module A: Underlying principles, themes and ideals in taxation
1. ‘Whilst a progressive tax system might seem to be the most fair, it is much more
important to consider the types of tax being used – for example direct taxes
treat taxpayers more fairly than indirect taxes.’
Discuss.
2. ‘It is difficult to design any tax system, or assess how well any tax system is
running, without reference to Adam Smith’s canons of taxation.’
Discuss.
END OF PAPER
UL21/1025 Page 44 of 75
OCTOBER 2021
LWM48A

LLM EXAMINATION
TELECOMMUNICATIONS LAW
Module A: The purpose and experience of telecommunications regulation
1. Discuss the relevance of universal service in the age of fibre to the home
(FTTH), and fourth and fifth generation of mobile access (4G and 5G). What
might be the best ways to review traditional universal service obligations with
such technologies in mind?
2. How can the concept of ‘net neutrality’ be reflected in the law? Discuss.
END OF PAPER
UL21/1025 Page 45 of 75
OCTOBER 2021
LWM49A

LLM EXAMINATION
TRANSFER OF TECHNOLOGY LAW
Module A: Intellectual property and technology transfer
1. Critically evaluate the legal mechanisms known as a “look-see” agreement.
2. ‘An employer always owns the intellectual property created by her employee.’
END OF PAPER
UL21/1025 Page 46 of 75
OCTOBER 2021
LWM50A

LLM EXAMINATION
WESTERN EUROPEAN LEGAL HISTORY
Module A: The foundation: Roman and Canon law 500–1100
1. ‘The Germanic codes demonstrate a retention of Roman legal forms, but an

absence of Roman legal learning.’
Discuss.
2. To what extent was Gratian’s Decretum influenced by earlier compilations of

canon law? Discuss.
END OF PAPER
UL21/1025 Page 47 of 75
OCTOBER 2021
LWM51A

LLM EXAMINATION
WORLD TRADE LAW
Module A: World Trade Organization institutions and dispute settlement
1. Tristonia, a WTO member, has just held presidential elections, in which Mr Sovi
Antiglobe was elected as the country’s new President. One of the key issues in
President Antiglobe’s campaign was the need for Tristonia to revise its
participation in international organizations and institutions, including the WTO.
President Antiglobe has repeatedly emphasized that Tristonia should be allowed
to ‘regain its sovereignty’ and be free, at least for a ‘probationary period’, to shape
its trade relationships, independently of any ‘foreign ties and influence’.
You have been asked to prepare a memorandum for President Antiglobe outlining
the procedures of withdrawal from the WTO and those of accession for a former
member (in case Tristonia decides to re-join the WTO after the probationary
period). You have also been asked to provide your opinion on whether the benefits
of withdrawal from the WTO will outweigh Tristonia’s ‘lost sovereignty’ if it
continues to be a member of the WTO.
Prepare the memorandum for President Antiglobe.
2. Article 3.1 of the Dispute Settlement Understanding (DSU) provides that ‘members
affirm adherence to the principles for the management of disputes heretofore
applied under Articles XXII and XXIII of the GATT 1947, and the rules and
procedures as further elaborated and modified herein’.
What are the rules and principles of WTO dispute settlement, which have their
origins in the period of the GATT 1947? How have they been developed in the
DSU? Discuss.
END OF PAPER
UL21/1025 Page 48 of 75
OCTOBER 2021
LWM52A

LLM EXAMINATION
YOUTH JUSTICE
Module A: Introduction to youth justice: history and theory
1. ‘The decision of the US Supreme Court in Roper v Simmons (2005) 543 US

551 carries a dual legacy in the refinement of the system through gradual
changes to slowly approach the ultimate abolishment of capital punishment in
the US.’
Critically discuss the above statement with regard to the constitutionality of

executing young offenders.
2. Critically compare and contrast two core theories of youth justice that you
learned in this module outlining their benefits and costs.
END OF PAPER
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OCTOBER 2021
LWM54A

LLM EXAMINATION
LAW OF TREATIES
Module A: Introduction to the law of treaties
1. Can unilateral acts of States ever be regarded as equivalent to treaties?
Discuss and include the relevant case-law.
2. Critically analyse the contribution of international courts and tribunals to the

development of a concept of a treaty in international law.
END OF PAPER
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OCTOBER 2021
LWM55A

LLM EXAMINATION
EXTERNAL RELATIONS LAW OF THE EUROPEAN UNION
Module A: Constitutional foundations
1. Before the introduction of Article 3(1)(e) TFEU in 2009, the exclusive nature of
EU competence in CCP was based on the case law of the CJEU. Identify the
rationale behind the Court’s recognition of EU exclusive nature of EU
competence in CCP and discuss its relevance for the interpretation of Article
3(1)(e) TFEU.
2. In Opinion 1/94, the Court refined the rules on the existence and nature of
implied competence. What were the key contributions of this judgment to the
doctrine of implied competence? Are they still relevant today?
END OF PAPER
UL21/1025 Page 51 of 75
OCTOBER 2021
LWM56A

LLM EXAMINATION
MEDICAL LAW AND ETHICS
Module A: Basic concepts in medical law
1. ‘Part of the underlying ethos of the Mental Capacity Act 2005 is that those making
decisions for people who may be lacking capacity must respect and maximise that
person’s individuality and autonomy to the greatest possible extent. In order to
achieve this aim, a person’s wishes and feelings not only require consideration,
but can be determinative, even if they lack capacity…’.
(Re AB (Termination of Pregnancy) [2019] EWCA Civ 1215, at [71])
Critically discuss, considering the extent to which this statement accurately reflects
the current legal position and whether the current law is satisfactory.
2. ‘The “public interest” exception to the duty of confidentiality fails to offer clear
guidance to medical professionals about when the disclosure of patient
information will be justifiable.’
Critically discuss.
END OF PAPER
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OCTOBER 2021
LWM57A

LLM EXAMINATION
INTERNATIONAL MERGER CONTROL
Module A: Introduction to merger control
1. ‘The interests of businesses should be given greater expression in the

regulation of cross-border mergers.’
Discuss.
2. In your view, what contribution does market definition make in the assessment
of merger operations? Discuss.
END OF PAPER
UL21/1025 Page 53 of 75
OCTOBER 2021
LWM60A

LLM EXAMINATION
INTERNATIONAL REFUGEE LAW
Module A: The development of, and responsibility for, international protection

of refugees
1. Is the definition of a ‘refugee’ still relevant in the 21st century? Give reasons for
your answer.
2. Can the state send back an asylum seeker in case they have committed a
crime? Explain why (not).
END OF PAPER
UL21/1025 Page 54 of 75
OCTOBER 2021
LWM61A

LLM EXAMINATION
UNITED NATIONS PROTECTION OF HUMAN RIGHTS
Module A: Mechanisms for human rights protection by United Nations bodies
1. Elaborate on the legal nature of the Universal Declaration of Human Rights and
its significance in inspiring the evolution and progressive development of
international human rights treaties and national legislations over the years.
2. Compare and critically assess the main features and outputs of the UN Human
Rights Commission and the UN Human Rights Council. Primarily, take into
account their respective membership criteria, allegedly political, method of work,
public visibility and reputation.
END OF PAPER
UL21/1025 Page 55 of 75
OCTOBER 2021
LWM63A

LLM EXAMINATION
INTELLECTUAL PROPERTY AND SPORT
Module A: Branding in sports
1. Dave Harris is a famous British swimmer. He presently has a number of

endorsements connected to swimming. He recently picked up a copy of “Water
Times”. He saw various adverts within the magazine which made him very
unhappy. The first advert was “Harris, British Swim Champion, always wears our
trunks”. This statement was true. The second advert includes the words “Dave
Harris, Major Swimming Champion, drinks our Lemonade”. This statement is
untrue as Dave actually has an exclusive deal with another soft drink
manufacturer. The third and final advert reads “Dave loves our beer” and includes
a picture of Dave Harris. In fact, Dave is a well-known recovering alcoholic.
Advise Dave as to the claims he might be able to make against the respective
advertisers.
2. ‘Trade mark law does not protect the merchandising activity of sport stars. But it
should.’
END OF PAPER
UL21/1025 Page 56 of 75
OCTOBER 2021
LWM64A

LLM EXAMINATION
INTERNATIONAL AND COMPARATIVE BANK REGULATION
Module A: Risk, banks and the principles of bank regulation
1. ‘The main problem in constructing a system of banking regulation is that the

taking of risks is what all enterprise is about in a market economy, and this
means allowing banks to suffer the consequences of risk taking as well as
reaping the benefits.’
Discuss.
2. ‘It is, in my view, essential to the business of banking that a banker should
accept money from his customers upon a running account into which sums of
money are from time to time paid by the customer and from time to time
withdrawn by him by cheque, draft or order.’ (Diplock L.J.)
How useful is this as a definition of ‘bank’ and ‘banking’ for the purpose of bank
regulation? Is it important for this purpose to have a clear definition?
END OF PAPER
UL21/1025 Page 57 of 75
OCTOBER 2021

LLM EXAMINATION
LAW OF INTERNATIONAL FINANCE: SYNDICATED LOANS
Module A: Capital markets, finance and the loan contract
1. ‘While it is important to include in a loan contract terms specifying the governing

law of the contract and the choice of forum, it is also important to recognise the
limitations of such terms.’
Discuss.
2. Answer BOTH of the following questions.
(a) What is an Event of Default clause, and why is it important for both the
lender and the borrower that the loan contract includes an Event of Default
clause? Discuss.
and
(b) Why might the loan contract include market flex and material adverse
change clauses? Discuss.
END OF PAPER
UL21/1025 Page 58 of 75
OCTOBER 2021
LWM67A

LLM EXAMINATION
PRIVATE INTERNATIONAL LAW IN INTERNATIONAL COMMERCIAL

LITIGATION
Module A: Introduction to private international law in international commercial

litigation
1. ‘Private international law follows universal principles agreed by all nations.’
2. ‘The harmonisation of private international law, based on the European model,

should spread everywhere.’
END OF PAPER
UL21/1025 Page 59 of 75
OCTOBER 2021
LWM69A

LLM EXAMINATION
PRIVATE LAW ASPECTS OF THE LAW OF FINANCE
Module A: Fiduciary liability in finance
1. ‘Financial Conduct Authority regulation in the form of the Conduct of Business

Sourcebook has created principles which are very similar indeed to principles
of fiduciary law. It would improve UK finance law significantly if those
regulations and the case law principles were recognized as informing one
another.’
Discuss.
2. ‘Fiduciary law has created a range of doctrines and remedies which ensure that
professionals act in good conscience. This means that fiduciary law is more
effective in protecting investors than financial regulation.’
Discuss.
END OF PAPER
UL21/1025 Page 60 of 75
OCTOBER 2021
LWM70A

LLM EXAMINATION
INTERNATIONAL COMMERCIAL INSURANCE LAW
Module A: The contract of reinsurance
1. Explain the function of the following terms and documents in the reinsurance
contract formation
a) Market Reform Contract (MRC), slip and line slip
b) Scratching, reinsurer’s subscription, line, signing indication and a line ‘to
stand’
c) Reinsurance in advance of insurance
d) Leading underwriter and General Underwriters Agreement (GUA)
2. What are the differences between ‘implied’, ‘expressed’ and ‘incorporated’

terms of reinsurance? Can every term of the original insurance contract be
incorporated into the reinsurance contract? How strict have the courts’
approach been to decide to or not to imply a term in a reinsurance contract?
END OF PAPER
UL21/1025 Page 61 of 75
OCTOBER 2021
LWM71A

LLM EXAMINATION
SECURITIES LAW
Module A: The foundations of securities regulation
1. ‘The EU code for the regulation of securities issues did not anticipate the global
financial crisis. The Lamfalussy methodology was recognized as being
insufficient after the crisis. As a result of the Larosiere Report into the global
financial crisis of 2008, the structures created by the Lamfalussy Report clearly
required complete renovation. It is surprising that the Lamfalussy methodology
was not rejected long before then because it was never fit for its purpose.’
Discuss.
2. ‘The role of securities regulation is to ensure market integrity. The principal

means of doing that is by controlling the information which must be provided to
the investing public. Information is the key means of regulating securities
markets. Nothing else matters as much as information.’
Discuss.
END OF PAPER
UL21/1025 Page 62 of 75
OCTOBER 2021
LWM72A

LLM EXAMINATION
COMMERCIAL BANKING LAW: BANK–CUSTOMER RELATIONSHIP
Module A: Banks and customers
1. Someone ‘who employs a banker is bound by the usage of bankers.’ (Willes J.)
Discuss.
2. ‘The duty of a bank is to obey the mandate provided by its customer.’
Discuss.
END OF PAPER
UL21/1025 Page 63 of 75
OCTOBER 2021
LWM74A

LLM EXAMINATION
INTERNATIONAL NATURAL RESOURCES LAW
Module A: General aspects of international natural resources law
1. With reference to existing case law, critically discuss the application of the
principle of permanent sovereignty over natural resources.
2. ‘The Rio+20 conference was a failed opportunity for States to consolidate the legal
status of the principle of sustainable development as developed under previous
intergovernmental environmental conferences.’
Discuss.
END OF PAPER
UL21/1025 Page 64 of 75
OCTOBER 2021
LWM75A

LLM EXAMINATION
DERIVATIVES LAW
Module A: Analysing and documenting derivatives transactions
1. ‘The “single agreement” approach to the interpretation of large numbers of

derivatives contracts has had the effect of ensuring that insolvencies among
market participants need not endanger the systemic security of financial
markets. By contrast, the cases in which the “single agreement” approach has
not been observed defy explanation.’
Discuss.
2. ‘The case law on the efficacy of section 2 of the ISDA Master Agreement
demonstrates that master agreements are simply standard-form contracts
which require adaptation to suit particular circumstances. The judiciary served
to solve the shortcomings in the original drafting of that agreement.’
Discuss.
END OF PAPER
UL21/1025 Page 65 of 75
OCTOBER 2021
LWM77A

LLM EXAMINATION
LAW ON INVESTMENT ENTITIES
Module A: The legal nature of investment entities
1. ‘Investment entities in English law emerged from primitive versions of the trust
and the partnership. In particular, the trust created a way of holding investment
managers liable as fiduciaries which protected investors better than the terms of
an ordinary contract. The emergence of the company, however, constituted a
completely different model of investment entity which surpasses all others.’
Discuss.
2. ‘The flexibility of the trust permits a much greater potential for managing risk and
promoting profit than the rigidity of the company.’
Discuss.
END OF PAPER
UL21/1025 Page 66 of 75
OCTOBER 2021
LWM78A

LLM EXAMINATION
LAW OF INTERNATIONAL PROJECT FINANCE
Module A: Loan facilities
1. Homer Inc. (“Homer”), a company based in Troyvia is currently in the process

of negotiating a loan that is being provided by Iliad Bank (“Iliad”). Homer has
never previously entered into a loan agreement governed by English law.
Advise Homer on each of the following:
(i) Iliad has proposed that the loan agreement should include a negative pledge
clause. Homer does not understand the significance of this clause and
requires you to advise it on the purpose and legal effect of the clause.
(ii) Homer is also concerned about the vagueness of the material adverse
change clause. Advise Homer on the circumstances in which Iliad may be
able to use this clause. In your response, you should cite some of the
precedent cases in which the courts interpreted the scope of this clause.
(iii) Finally, Homer is concerned about the inclusion of various provisions in the
loan agreement which appear to permit Iliad to increase the interest rate
payable by Homer. Advise Homer on the purpose and effect of these clauses
on the assumption they are drafted based on standard LMA terms.
2. Holborn Bank (“Holborn”) entered into a GBP 100 million loan agreement (the
“Loan Agreement”) with Nestor Ltd (“Nestor”), a company based in Tryovia, in
January 2017. To date, GBP 50 million has been drawn down, and the
remaining GBP 50 million is available to be drawn any time before 31 December
2019. The scheduled maturity of the loan is January 2027. The Loan
Agreement is governed by English law and is drafted on standard LMA terms,
including Events of Default, a negative pledge clause and a default interest
clause, which is set at 5% per annum following the occurrence of an Event of
Default.
UL21/1025 Page 67 of 75
OCTOBER 2021
Nestor has made all payments due under the Loan Agreement to date, but it
looks likely that the payment due on the next interest payment date will be
missed. In addition, Holborn has recently become aware of the fact that Nestor
has granted a form of pledge security (recognised under Tryovian law) to Helen
Bank (“Helen”) over all its assets located in Tryovia, and that it intends to grant
security over its non-Tryovian assets to Helen to secure numerous unsecured
loans that Helen has made to Nestor.
Advise Holborn on the various steps it might take to protect its position.
END OF PAPER
UL21/1025 Page 68 of 75
OCTOBER 2021
LWM79A

LLM EXAMINATION
LEGISLATION AND STATUTORY INTERPRETATION
Module A: Introduction to legislation
1. Explore the nature of legislation as a tool for regulation: what is the link between
the two, and how does this apply in your jurisdiction? Discuss.
2. Identify the risks associated with retrospective legislation, in its broad

interpretation as inclusive of retrospective and retroactive provisions. Assess if
and when retrospective legislation may still remain appropriate.
END OF PAPER
UL21/1025 Page 69 of 75
OCTOBER 2021
LWM80A

LLM EXAMINATION
CORPORATE GOVERNANCE AND COMPLIANCE
Module A: Governance – legal and regulatory framework
1. Describe key benefits of having independent directors on the board of directors,

as well as limitations that independent directors face. In your response, you
should refer to arguments articulated in various corporate codes and reports
mentioned in the Study Guide and essential reading materials.
2. York plc (‘York’) is considering a listing on the London Stock Exchange, but has
not decided whether to list as a Premium, Standard or AIM company. The
decision will depend, in part, on the amount of reporting that each of these
listings entails. Advise York on different reporting obligations that the London
Stock Exchange imposes on Premium, Standard and AIM companies.
END OF PAPER
UL21/1025 Page 70 of 75
OCTOBER 2021
LWM81A

LLM EXAMINATION
LAW OF INTERNATIONAL TAXATION
Module A: Introduction to international tax law
1. Many distinguished academic authorities deny the existence of an ‘international

tax system’ ‘because in the real world, only the different tax laws of various
countries exist, and those laws vary greatly from each other.’ (Adapted from Avi-
Yonah, International Tax as International Law.)
Explain and discuss this statement. Do you agree with it?
2. Discuss and critically evaluate, with examples, why states enter into double tax
agreements.
END OF PAPER
UL21/1025 Page 71 of 75
OCTOBER 2021
LWM82A

LLM EXAMINATION
ADVANCED TORTS
Module A: Introduction to torts and trespass to the person
1. The trespass to the person torts are ‘an important tool in the protection of civil
liberties’.
Critically discuss the extent to which the intentional torts achieve this goal.
2. Billy and Carl are security guards at Diva night club. Billy is attracted by Ellie, one
of the clubbers. He asks her to dance and during the dance he kisses her. Ellie
objects and kicks Billy hard in the stomach knocking him to the floor. Carl rushes
over to help his colleague and seizes Ellie and then locks her up in an office for
ten minutes before he forces her into a taxi with him to take her to the police
station.
On the journey to the police station, Carl tells Ellie that when he gets the chance
he will “ruin her pretty face”. Ellie is so terrified that when the car stops at traffic
lights she jumps out. She is hit by an oncoming car and suffers two broken legs.
Carl immediately also tries to get out of the taxi at this stage, before he had paid,
but before he could do so, the taxi driver, Fred, who is in a bad mood from having
to transport troublesome customers all night, locks the taxi, and drives the vehicle
to the taxi depot, and tells Carl that he is not going to release him until he had
paid. Carl, who has no money on him, but who has his phone with him,
telephones the local police. The police arrive at the taxi depot five minutes later.
PC Jared orders Fred to unlock the vehicle. Fred, who is raging and swearing by
this stage, refuses, and so PC Jared smashes the window of the vehicle, and
shoots him. Carl, who is traumatised, faints. PC Jared has brought reinforcement
officers with him, who are trained in first aid. One of them, PC Kelly, rushes to
assist Carl, and, thinking that it is in his best interests, injects him with a dose of
Valium.
Advise as to any possible claims in tort. Do not advise in negligence.
END OF PAPER
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OCTOBER 2021
LWM83A

LLM EXAMINATION
ADVANCED CONTRACT LAW
Module A: Overview of English contract law
1. Louis, a wine merchant, leased a large cellar in Dover from 1 January 2018 for a
period of five years at an annual rent of £100,000 in order to store his surplus
stock.
On 1 January 2019 the local authority decides to repair the drainage system which
runs underneath the only approach road to the premises. The work is scheduled
to take one year and it is necessary to close the road to all vehicular traffic.
On 1 January 2021, the cellar was totally destroyed by a fire which was started by
an intoxicated tramp when he broke into the premises in order to sleep there.
Advise Louis whether he is liable to pay the rent:
i. For the period 1.1.2019 to 31.12.2019?
ii. For the period 1.1.2021 to 31.12.2023?
Would your advice be different if Louis had started the fire himself?
2. ‘A mistake as to identity does not vitiate a contract.’
Critically discuss, citing relevant case law.
END OF PAPER
UL21/1025 Page 73 of 75
OCTOBER 2021
LWM84A

LLM EXAMINATION
MARITIME DISPUTE SETTLEMENT
Module A: General dispute settlement in international law
1. Explain and critically assess the relationship between conciliation and

arbitration under the 1982 United Nations Convention on the Law of the Sea.
2. Explain and critically assess the advantages and disadvantages of legal means
of settlement marine disputes involving maritime delimitation and protection of
marine resources. Give at least two examples of such disputes by the
International Court of Justice or an arbitral tribunal.
END OF PAPER
UL21/1025 Page 74 of 75
OCTOBER 2021
LWM85A

LLM EXAMINATION
FINTECH: LAW AND REGULATION
Module A: Payments, alternative financing and cryptoassets
1. ‘The PSD2 and the GDPR are overlapping and could be viewed in contrast with
one another: The GDPR follows the principle of minimisation and provides
enhanced control over personal data, including restrictions on data sharing. On
the other hand, entities that are covered by the PSD2 are entitled to collect and
process necessary personal data and are even required to share it to third-party
providers for the purposes of, among other things, competition and innovation.’
Discuss.
2. Critically discuss the challenges of initial coin offerings from a legal and
regulatory perspective.
END OF PAPER
UL21/1025 Page 75 of 75

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OCTOBER 2021

POSTGRADUATE CERTIFICATE IN LAWS

Module A Questions for ALL SYLLABUSES

Monday 4 October 2021

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

DO NOT COMBINE YOUR ANSWERS FOR DIFFERENT EXAMINATIONS INTO A

The index of papers starts on page 2.

© University of London 2021

Index of papers Page

LWM01A Admiralty jurisdiction and procedure 4

Index continues on next page

LWM52A Introduction to youth justice: history and theory 49

POSTGRADUATE CERTIFICATE IN LAWS

Module A: Admiralty jurisdiction and procedure

Candidates should answer ONE of the following TWO questions.

1. ‘The priority of certain claims in Admiralty is unfair, unjustified and serves no

Advise all potential claimants.

POSTGRADUATE CERTIFICATE IN LAWS

APPLICABLE LAWS AND PROCEDURES IN INTERNATIONAL COMMERCIAL

Module A: Applicable law issues in arbitration

Candidates are permitted to refer to the Primary Materials 2021.

Candidates should answer ONE of the following TWO questions.

a) To what extent do national courts have the power to review whether

Critically discuss, with the support of relevant legal authority.

POSTGRADUATE CERTIFICATE IN LAWS

CARRIAGE OF GOODS BY SEA

Module A: Contracts of affreightment and voyage charter parties

Candidates should answer ONE of the following TWO questions.

The charterparty provided inter alia:

Clause 15. Demurrage is payable at £2,000 per day, with ½ despatch.

QUESTION 2 CONTINUES ON NEXT PAGE

The strike ended on 15 February 2021, but owing to a consequential queue of

Under a follow-on voyage charterparty concluded on 10 January 2021, the

POSTGRADUATE CERTIFICATE IN LAWS

COMMERCIAL TRUSTS LAW

Module A: The nature of commercial trusts

Candidates should answer ONE of the following TWO questions.

1. ‘The utility of trusts in commercial transactions is a hotly contested

POSTGRADUATE CERTIFICATE IN LAWS

COMPARATIVE CRIMINAL JUSTICE POLICY

Module A: Methods of comparative research

Candidates should answer ONE of the following TWO questions.

1. ‘Criminal justice can no longer be seen as a purely local phenomenon.’ (Vogler,

POSTGRADUATE CERTIFICATE IN LAWS

CONSTITUTIONAL AND INSTITUTIONAL LAW OF THE EUROPEAN UNION

Module A: The European Union institutional outline

Candidates should answer ONE of the following TWO questions.

POSTGRADUATE CERTIFICATE IN LAWS

CORPORATE FINANCE AND MANAGEMENT ISSUES IN COMPANY LAW

Candidates should answer ONE of the following TWO questions.

1. ‘Whether a “right” of a shareholder is deemed to be a “class right” cannot be

Critically discuss this statement.

2. ‘The prohibition against the giving of financial assistance should be repealed.

Critically discuss this statement.

POSTGRADUATE CERTIFICATE IN LAWS

EQUITY AND TRUSTS IN CONTEXT

Module A: The constitution of express trusts

Candidates should answer ONE of the following TWO questions.

POSTGRADUATE CERTIFICATE IN LAWS

EUROPEAN UNION COMPETITION LAW

Module A: Anti-competitive agreements and collusion

Candidates should answer ONE of the following TWO questions.

UNIVERSITY OF LONDON LWM12A