Study-Unit Description

Study-Unit Description



CODE ECL5046

 
TITLE U.K. and Commonwealth Company Law

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 6

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION This study-unit will review the development and current state of U.K. Company Law in depth. U.K. Company Law is the model on which most Commonwealth company law, including the Maltese Companies legislation is based and the aim of this study-unit is to impart an in-depth understanding of the model and to keep the model under review. On the other hand, other useful reference can be made to the laws of some other Commonwealth countries, notably Australia and Canada, can be made where those systems have diverged from the model. The relevance of this study to Malta is clear, also becase the UK legislation has to be read against a common law background which needs to be understood if UK solutions are not to be followed blindly in particular cases. The Maltese Companies Act is referred to peripherally as it is the subject of a separate course offered on the M.A. in Financial Services. The focus will be on UK and Commonwealth company law, and complements the emphasis on European (E.U. and national Member State Law) Company Law in the course on European and Comparative Business Enterprise Law, another subject offered in this programme.

Learning Outcomes:

The student will better understand the principles and workings of UK Company Law, and thus be able to apply Maltese company law (learned at undergraduate level) more critically and precisely. It remains true that an in-depth understanding of the theory and practice of UK Company Law makes for better Maltese company Lawyers, and this course produces students who will therefore be more effective in practice, as also to occupy policy-making positions in government and the private sector when it comes to reform of company law. Also this course supplements the basic course on company law given at undergraduate level so that it offers effective specialization in this field of law, deepening as it does the students’ theoretical and practical understanding of the system on which our law remains based.

Reading Material:

Main textbooks: Latest editions of:
- Paul Davies, Gower’s Principles of Modern Company Law (Sweet and Maxwell)
- J.H.Farrar, Farrar on Company Law (Butterworths)
- L.S. Sealy, cases and materials on Company Law (Butterworths)
- B.Cheffins, Company Law:Theory Structure and Operation (Oxford University Press)

NB Students will be given detailed reading lists for each seminar.

 
STUDY-UNIT TYPE Seminar

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Assignment 20%
Examination (3 Hours) 80%

 
LECTURER/S

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years.


https://www.um.edu.mt/courses/studyunit/index.php