Truman Bodden Law School Student Handbook

THE TRUMAN BODDEN LAW SCHOOL OF THECAYMAN ISLANDS

UNDERGRADUATE

STUDENT HANDBOOK


CAYMAN ISLANDS

ACADEMIC YEAR

2016/17

CONTENTS

Page

Welcome from the Director of the Law School5-6

Truman Bodden Law School: Mission Statement7

1 Introduction to the Law School8-9

1.1 Regulations governing legal education9

1.2 Affiliation with the University of Liverpool9-10

1.3 Law School Staff and Contact Details10

1.4 Support Staff Contacts and General Office Opening Times10

1.5 TBLS StudentSociety & Committee11

1.6 TBLS Entry Requirements11

1.7 TBLS Academic Prizes11

2 Law School and University Fees12

2.1 TBLSTuition Fees12

2.2 University of Liverpool Registration Fees12

2.3 Book Fees12

2.4 Examination Fees12

2.5 Photocopying Fees12

2.6 Outstanding Fees12-13

3A ImportantAcademic Information for Students13

3A.1 Penalties for late submission of assessed coursework13

3A.2 Plagiarism and Collusion13-14

3B Important General Information for Students14

3B.1 TBLS web pageUniversity academic resources14

3B.2 University email addresses14

3B.3 Health & Safety14

3B.4 C.I. Government policy on smoking15 3B.5 The Law Library 15-17

3B.6 Student ID cards17

3C Important Procedural Information for Students17

3C.1 Attendance rule17

3C.2 Suspension of studies17-18

3C.3 Return from suspension18

3C.4 Transfer between programmes18

3C.5 Withdrawal18

3C.6 Illness/ Mitigating Circumstances18

3C.7 Removal of Late Coursework Penalties Procedures19

3C.8 Personal Difficulties/Mitigating Circumstances19

4 Support Services for Students: The Personal Tutor Scheme20

4.1 Strategy for student support and guidance20

4.2 Formal support and guidance structure20

4.3 Role of the Director of Legal Studies20

4.4 Role of the personal tutor20-21

4.5 Responsibilities of tutees21

5 Student Matters22

5.1 Getting to The Law School22

5.2 Car parking22

5.3 Staff-student meetings22

5.4 Post22

5.5 Official transcripts22

5.6 Letters of reference/unofficial transcripts22-23

6 The Law School Code of Practice24-25

7Learning, Teaching and Assessment Strategy26

7.1 Summary teaching strategy26

7.2 Summary assessment strategy26-27

7.3 Summary learning strategy27

7.4 Method of assessment28

7.5 Coursework submission and the need for originality of content28

7.6 Coursework submission deadlines28

7.7 Exam and Assessment Periods29

7.8 Assessment appeals: all programmes29

7.9 Examinations and progression29-30

7.10 Weighting of results30

8 Foundation modules, curricula and module specifications31

8.1 Programme Structure – Full Time Degree31-33

8.2 Programme Structure – Part Time Degree33-36 8.3 Module Specifications 36-37

8.4 The Professional Practice Course38

9 Methods of instruction: learning and teaching39

9.1 Tutorial rota39

9.2 Understanding the teaching timetable40

9.3 Online learning resources41

9.4 Examinations and coursework assessments41

9.5 Summative exam papers42

9.6 Coursework submission dates42

9.7 Past exam papers42

9.8 Dissertation option42

10 TBLS Complaints Procedure43

10.1 General principles43-44

10.2 Informal resolution of complaints44-45

10.3 Formal complaints process45-46

11 TBLS Student Disciplinary Code (Non Academic) 47-55

Appendices56

Appendix A – Staff contact details56

Appendix B – Academic Prizes 2016/201757

Appendix C – Teaching and Assessment Pattern 2016/201758Appendix D – Tuition and Registration Fees 2016/2017 59

1

Truman Bodden Law School Student Handbook

WELCOME FROM THE DIRECTOR OF THE LAW SCHOOL

I would like to take this opportunity to welcome both new and returning students to the Law School for the beginning of the 2016-17 academic year. The TBLS story started in 1982 with a cast of some seven pioneering law students and a lone director. That cast has now expanded to a total enrolment of in excess of 110 students on all programmes. 2012 witnessed a milestone in the history of the Law School, with September marking the 30th anniversary of its founding. August 2012 also saw the launch of the Law School / University Alumni Association. Any graduates interested in joining the alumni association should contact the University Alumni Relations Manager, Caroline Mitchell on:

In April 2014, the law school underwent a five yearly institutional review /re-validation visit conducted by a senior team of University academics and administrators. The outcome of that visit was extremely positive, with the University agreeing to renew the affiliation between the two institutions for a further period of five years. It has also been confirmed, following this visit, that the LL.B offered by the Law School will continue to have Qualifying Law Degree status, meaning that it is a recognised degree for professional practice purposes in the UK, as it has been since 2002. A major outcome of the institutional review visit was that it was agreed that TBLS would adopt a system of semesterisation in all modules from the beginning of the 2015-16 academic year. This change is intended to produce greater student choice in terms of optional module availability and it also facilitates two way student transfers between TBLS and the Liverpool Law School. The excellent results achieved by the 2016 graduating classes are confirmation that the new system is working very well. More information about semesterization is contained in the Module Information Handbook available on our website:

A pioneer in the development of the Law School in 1982 was the then Minister of Education and Cayman Islands Attorney, the Honourable Truman Bodden, OBE, after whom the law school has been named since 2012. It is fitting therefore that the University of Liverpool agreed to confer an Honorary LL.D on Mr Truman Bodden at the Law School’s Graduation Ceremony held in August 2014. In attendance at the Ceremony was the Vice-Chancellor of the University of Liverpool, Professor Sir Howard Newby and his wife, Lady Sheila Newby, who were visiting Grand Cayman for the third time,accompanied by the University’s Public Orator, Professor Kelvin Everest.

The 2016-17 academic year again expects to welcome a new first year class characterised by its diversity in terms of culture, backgrounds and experience. A large international component of the enrolment is expected, with the increasing international popularity of TBLS a testimony to its strong reputation and the long standing affiliation with the University of Liverpool with whom the law school enjoys an enduring and close relationship. It is anticipated that the latest chapter in this relationship will see the introduction in September 2017 of a new taught part time Masters in Law programme in International Finance. The law school has recently appointed a ninth full time member of its Faculty to design and lead this programme. More information about the LLM programme will be available in the LL.M Handbook (forthcoming). Expressions of interest should be directed to:

During the course of the forthcoming academic year you will be required to study a diverse range of legal topics which will equip you well in the future, whether your career ambitions be the practice of law or otherwise. The extent of your success will necessarily correspond to the extent of your commitment to the study of law and the keenness of your desire to succeed. Take full advantage of the low lecturer-student ratio, there are few institutions, which better it in the common law world of legal education. With such ‘individual’ tuition, there can be little excuse for failure, but in the final analysis your success is up to you: conduct your research assiduously, analytically, and with an inquiring mind and be ready to call upon the experience and expertise of your lecturers whenever you encounter difficulties. In addition to their teaching and research responsibilities, all academic staff have a pastoral role and participate actively in the life of the Law School as personal tutors. For more information on the Personal Tutor Scheme please consult ‘Support Services for Students’ later in this handbook.

This handbook has been designed with you in mind, to give you a resource which you can keep with you throughout the year, and serves as a guide to assist you in finding answers to the myriad questions which are likely to arise during the course of your studies. This handbook is not intended, however, to be of itself a comprehensive source of information. Instead, it serves to provide general guidance and directions to where more comprehensive information can be located, typically on either the Law School website ( or the corresponding website of the University (

In addition to the contents of this handbook, all students are strongly advised to acquaint themselves thoroughly with the following Laws and Regulations and Codes early in their Law School career: The Legal Practitioners Law (2015); The Legal Practitioners (Students) Regulations (2015 Revision) as amended; The Professional Practice Course Code, the TBLS Code of Discipline and the current University of Liverpool Code of Practice on Assessment. The University’s Code of Practice and Appendices can be located at:

I encourage all students to become members of the Law School Students’ Society which, through the good offices of the student committee, organises a range of fund raising activities for the Society including social functions, lectures, and an annual Students’ Society dinner. Election for a number of Executive positions within the Society as well as class representative positions will be held early in semester one and I would encourage each of you to participate by registering your vote, thereby ensuring a truly democratic student society.

I hope that you find this handbook helpful. If you have any suggestions for how it might be improved, please feel free to email me ().

It remains for me to wish you a successful and fulfilling year during which it is hoped that you will develop an affinity and an enduring affection for the Law.

Mitchell C. Davies

July 2016

TRUMAN BODDEN LAW SCHOOL: MISSION STATEMENT

The aim of the Law School, in partnership with the University of Liverpool in the provision of its undergraduate LL.B Degree, is to provide students with a standard of tertiary level legal education equivalent to that prevailing in the United Kingdom and at other providers of legal education across the common law world.

In doing so, the Law School aims to provide an environment for its students that encourages and enables them to achieve their full potential in the pursuit of knowledge and academic excellence. The Law School also seeks to promote awareness of the legal, ethical, and moral issues relevant in the development of legal rules and in the practice of law.

At a postgraduate level, the law school also offers vocational legal training in the form of a fourth year Professional Practice Course which, following completion of articles of Clerkship, leads to qualification as an Attorney at Law of the Cayman Islands. This course is also intended to provide legal training at a comparable level to that offered on similar vocational courses in the United Kingdom and across the common law world. The aim of the law school is to provide students with an in depth knowledge of English and Cayman Islands law, and at the same time to develop transferable skills, advanced research capabilities, skills of analysis, logical thought, conciseness, and critical ability.

As noted above, the law school intends in September 2017 to introduce a second postgraduate programme, an LL.M in International Finance which it is hoped will also be an award of the University of Liverpool.

The courses offered by the Law School are intended to be of benefit not only to those students who wish to enter the legal profession but also to those having a variety of other professional career aspirations.

  1. INTRODUCTION TO THE TRUMAN BODDEN LAW SCHOOL

The Truman Bodden Law School was opened on 27th September 1982 by the then Governor, Mr. Peter Lloyd, and in 1984 it moved to the fourth floor of the Tower Building. Since March 2005, the Law School has been located within the former CIBC Building, Edward Street, central George Town. Since its opening, the aim of the Law School has been to provide students with a standard of legal education equivalent to that prevailing at leading UK universities. Students successful in the honours degree programme are eligible to pursue further postgraduate study at institutions of higher learning across the common-law world. Consistent with the legal education experience in other law schools, TBLS students should anticipate an exciting and challenging experience. Unlike law undergraduates at many other institutions, however, TBLS students will not encounter over-populated classes and sometimes elusive lecturers.

The courses of study leading to the degree of Bachelor of Laws are designed to provide exposure to a wide range of English legal principles, and at the same time to develop skills of analysis, logical thought, conciseness, and critical ability. The courses offered by the Law School will be attractive therefore not only to those students who wish to enter the legal profession but also to those having a variety of other career aspirations.

The Law School boasts one of the Island’s finest law libraries with significant lending and reference collections. The library falls under the direct supervision of a qualified librarian, Mrs.Beverley Speirs, who also has responsibility for the Legal Department and Courts libraries. Ms Speirs is assisted by full time Library Assistant, Ms Lourdes Pacheco. As a registered student of the University of Liverpool, all undergraduate TBLS students also have access to the full range of online resources enjoyed by all University of Liverpool students. The Law School has a well equipped computer room with all computers having internet access. The entire Law School also has wireless internet capability.

The Law School provides tuition for both the full and part-time programmes leading to the Bachelor of Laws (Honours) Degree of the University of Liverpool and the qualification of Attorney-at-Law of the Cayman Islands, which follows successful completion of the postgraduate Professional Practice Course (PPC). The PPC course is supported by three key manuals written by TBLSacademic staff which are available for purchase from the Law School. The manuals cover the following areas of local law: Cayman Conveyancing Law, Cayman Civil Procedure and Cayman Criminal Procedure.

The Professional Practice Course, leading to the Qualifying Examination, is operated under the auspices of the Legal Advisory Council, comprising the Hon. Chief Justice, the Hon. Attorney General and the respective Heads of the Caymanian Bar Association and the Cayman Islands Law Society.

Both the full and part-time LL.B degree programmes are offered under the aegis of the University of Liverpool. Since 2002 the Law Society of England and Wales and the Bar Council of England and Wales (now the Joint Academic Standards Board) has directly conferred Qualifying Law Degree (Q.L.D.) status on degrees awarded through the Truman Bodden Law. QLD status signifies that the holder of the degree has a qualification recognised by the English professional bodies for the purposes of completing their legal professional training in England. In other words, the holder of the TBLSdegree can utilise it to the same extent as the holder of any LL.B degree obtained in England and Wales from an institution possessing Q.L.D. status. TBLS is believed to be the only institution in the Caribbean to have had Q.L.D. status conferred upon it.

Legal residents wishing to study law on a part time basis are able to enrol on the part-time degree programme. For those students who do not wish to complete the five/six year degree, they are able to exit the programme either after completing two or four years, in each case being awarded a University Certificate or Diploma, respectively.

In April 2014, TBLS was the subject of an external Institutional audit visit by the University of Liverpool with fivesenior University staff visiting TBLS for this purpose. The audit was extremely favourable with the audit team recommending a renewal of the five yearly affiliation with the University. As a consequence, a new Institutional Agreement with the University was signed extending the relationship until January 2020.

1.1Regulations Governing Local Legal Education

The Legal Practitioners Law (2015) and the Legal Practitioners (Students) Regulations, (2015 Revision) as amended, confer upon the Law School authority to offer a system of legal education in the Cayman Islands under the control and guidance of the Director, the Attorney General and the Legal Advisory Council. You are strongly advised to become thoroughly familiar with these regulations early in your Law School career. It is also essential for you to become acquainted with Liverpool University’s Assessment Code of Practice, which is located at:

1.2Affiliation With The University of Liverpool

Royal Letters Patent issued by Queen Victoria in 1881 founded the University of Liverpool. The School of Law, one of the oldest in the United Kingdom, celebrated its centenary in the academic year 1992-93. Graduates of note include: The Law School’s former Patron, the Right Hon. Lord Nicholls of Birkenhead, until 2007 a member of the Judicial Committee of the House of Lords and Privy Councillor; the late Lord Justice Sellers, the late Mr. Justice Lynskey; the former Attorney-General of Hong Kong, J.W.D. Hobley C.M.G; and Mr. Michael Bray, formerly global managing partner of Clifford Chance, one of the world’s largest law firms.

The Truman Bodden Law School has enjoyed an affiliation with the University of Liverpool in the United Kingdom for over 30 years. As a result of this affiliation, all full time TBLSlecturers are recognised law teachers of the University of Liverpool as well as being members of the Cayman Islands Attorney General’s Chambers. Graduates of the LL.B programme have their degrees conferred upon them by the University of Liverpool. It has already been observed in the introduction to this handbook that since March 2002 the LL.B (Honours) degree offered by TBLS has been designated as a Qualifying Law Degree (QLD) by the Law Society of England and Wales and the Bar Council of that jurisdiction. As noted, this means that all graduates of the University’s LL.B degree have the opportunity (provided they have successfully completed all required Foundation modules, including European Union Law) to obtain a legal qualification in the Cayman Islands that is internationally transferable. Such graduates are accordingly able to pursue postgraduate legal professional training in England and Wales (in addition to numerous other jurisdictions) as well as being able to register for postgraduate academic legal studies throughout the common law world.

In order to enrol upon the Professional Practice Course, eligible students must possess a minimum of a Lower Second Class LL.B Honours Degree which meets the criteria of a Cayman Qualifying Law Degree (as defined in the 2015 Student Regulations).

Students at the Truman Bodden Law School are associate members of the University of Liverpool’s Student Guild and as such they are entitled to access many student services, including advice, representation and access to information on the Guild website.

Whilst TBLS students are not members of the UK’s National Union of Students (NUS), as members of the University’s Student Guild they are afforded certain rights as the University Guild is considered an NUS member, thereby affording Guild members certain rights. As part of The Guild’s affiliation to NUS, it can participate in NUS’s democratic structures, including sending delegates to the NUS National Conference. TBLS students are also eligible through the University Guild to purchase an NUS Extra (student discount) Card. To find out more information about the discounts or to buy a card, students should go to