LW7072 - Chancery

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What will I learn on this module?

Chancery is an optional module delivered during the second term of the Bar Professional Training Course (BPTC) and delivered across the Bar Professional Training portfolio of courses at Northumbria University. It is designed to reflect the broad and complex nature of chancery practice at the level likely to be encountered during pupillage. This is an area of practice covering a wide variety of subjects including equity and trusts, and wills. The module has a particular focus on the existence and emergence of trusts and wills. The diverse content of this module will be of interest to any students entering common law, family or chancery practice.

The Chancery practice option will concentrate upon the skills used in practice and will require students to perform a conference, write an opinion, draft pleadings and engage in an advocacy exercise. The following areas of law will be examined:


• The law and practice involved in the creation of Trusts including Constructive Trusts, Resulting Trusts, Implied Trusts and Express Trusts. Practical and financial issues relevant to the client and the client's objectives when trusts are in existence. Applications to the court to give effect to trusts and obtain remedies in relation to them are also examined.



• Wills. The law and practice involved with testamentary effects will be examined, including:

- the elements necessary to create a valid will;
- the clauses required for an effective will
- the effects on property passing by will, intestacy or outside the estate;
- the Inheritance (Provision for Family and Dependants) Act 1975
- grounds for and procedure in relation to challenging the validity of a will.

How will I learn on this module?

The module will be delivered through a combination of large and small group sessions and directed learning. You will be expected to engage in some independent learning to consolidate your learning and prepare for group sessions, including investigation of factual and legal issues and providing practical legal advice.
The large group sessions will be delivered to the entire module cohort and will be used to introduce you to the law and procedure associated with elements of chancery practice. These principles will be placed in context by considering them against relevant factual scenarios. During these sessions, procedural points will be explained and demonstrated in a transactional context and you will be encouraged to consider the module from a practical perspective.

Small group sessions will involve the review of tasks undertaken by the students in advance of the session following which further related issues will be raised requiring further analysis, research and discussion. Each session will require advance preparation by students of a typical brief and instructions to counsel.

How will I be supported academically on this module?

This module will be managed by your designated Module Tutor who will be responsible for guiding you in your engagement and learning on the module. All relevant materials and instructions will be accessible online through the module eLP site, maintained by your Module Tutor, and will give guidance on legal skills, assessment and provide self-study materials. You may communicate with your Module Tutor by email or telephone and are encouraged to make contact if you encounter any difficulties relating to any aspect of the module.

Academic support is also available through feedback directly from your tutor in small group sessions and via the eLP and from your peers. At a programme level you will be supported by the Programme Leader who will provide pastoral support throughout the module and the programme as a whole.

The Programme Administration and Student Liaison teams are responsible for the non-academic administration of the module; they will contact you throughout the duration of your module with details about assessment and other issues. The University is well placed to support you in learning and research with an excellent library and teaching facilities, access to on-line legal databases and resources and appropriate software.

What will I be expected to read on this module?

All modules at Northumbria include a range of reading materials that students are expected to engage with. The reading list for this module can be found at: http://readinglists.northumbria.ac.uk
(Reading List service online guide for academic staff this containing contact details for the Reading List team – http://library.northumbria.ac.uk/readinglists)

What will I be expected to achieve?

You will be able to:
Knowledge & Understanding:

- demonstrate an understanding of the law and practice which forms the foundation of chancery practice.


- demonstrate a knowledge and understanding of different forms of trust and the regime that governs such forms



Intellectual / Professional skills & abilities:
- be aware of the drafting issues that arise in the most common types of testamentary instrument.

- demonstrate an understanding of the trust and probate law and procedure

Personal Values Attributes (Global / Cultural awareness, Ethics, Curiosity) (PVA):

- Display a professional and responsible approach to the course, staff and other students, and to observe the Code of Practice in order to prevent exploitation of clients and preserve the integrity of the profession, maintaining the public’s trust and ensuring continuance of the provision of service

- Act in a fashion which demonstrates awareness of diversity, and is non-discriminatory

How will I be assessed?

Summative assessment will be provided by an examination in the form of one of the core BPTC skills. The precise form of the examination will depend on the nature of the assessment.


Formative assessment will be provided by a combination of self-test questions and analysis in the small group sessions along with feedback on the BPTC skills employed in the scheduled teaching sessions.


Feedback will provided throughout the small group session programme. For each skill that is performed, the students will be required to complete a self-assessment sheet that will help to reinforce the tutor feedback. This will enable the student to reap the full reward of the experiential learning that takes place during the session.

Pre-requisite(s)

None

Co-requisite(s)

None

Module abstract

Chancery is an optional module delivered during the second term of the Bar Professional Training Course (BPTC) and delivered across the Bar Professional Training portfolio of programmes at Northumbria University. It is designed to reflect the broad and complex nature of chancery practice encountered during pupillage. This is an area of practice covering a wide variety of subjects including family law, equity and trusts, landlord and tenant and commercial practice. It has a particular focus on the existence and emergence of trusts. The diverse content of this module will be of interest to any students entering common law, family or commercial practice.

Course info

Credits 12

Level of Study Postgraduate

Mode of Study 1 year full-time
1 other options available

Department Northumbria Law School

Location Law and NBS Building, City Campus East

City Newcastle

Start September 2019

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