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PROFESSIONAL PRACTICE DISSERTATION – GUIDELINES FOR STUDENTS.

1. Introduction

1.1 What is the Professional Practice Dissertation?

The Professional Practice Dissertation (PPD) is the final stage in your progress through the LL.M. It gives you the opportunity to demonstrate your ability to carry out in-depth and intensive investigation into a specialist area of legal practice and to present the findings in a formal report.

The PPD takes the form of a professional report demonstrating a critical awareness of developments and current issues in a chosen area of legal practice. The report should be written as guidance to fellow lawyers on a current issue or particular development whether that is new or proposed legislation, case law or a change in practice approach. Along with details of the precise legal position, your PPD should also include consideration of broader practice related points such as relevant commercial, economic or socio-political factors or a particular practitioner approach in your selected area of legal practice.

The PPD should be written in clear and concise language appropriate to a professional report and should be no more than 7,500 words (for more on word limits, see 5.1 below). You will need to identify a specialist area of legal practice based on, but not specially limited to, the broad practice area of one of the Elective modules available on your course. You can choose Elective areas that are offered on your course which you have not chosen to study but if you are seeking the award of LL.M in International Legal Practice (LPC), not only must you study three International Electives, but you must also select a specialist area within one of the International Electives offered.

Your PPD should aim to demonstrate critical evaluation, analysis and reflection rather than being merely descriptive of the area of law covered. In particular, you will need to demonstrate your ability to carry out effective and relevant independent research as part of your PPD (for more on learning outcomes see 1.3).

Note that the rules relating to the PPD are the same regardless of which LL.M award you are aiming for, i.e. LL.M in International Legal Practice (LPC) or LL.M in Professional Legal Practice (LPC) and regardless of whether you have previously followed online or attendance study or a mixture of the two.

1.2 Getting Started

If you are studying on the LL.M (LPC) it is assumed that you intend to submit a PPD in order to obtain your LL.M award.
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1.2.1 Opting out

You can decide that you do not want to submit the PPD and so opt out of the LL.M award but continue with your Postgraduate Diploma for the LPC (section 8 explains the awards).

When you are choosing your Elective subjects on the LPC the selection form will also include a section asking whether you intend to submit a PPD on the first or second date, or whether you wish to opt out. This indication is not binding but helps us to manage the process. You will be asked to provide the information again approximately five months before the first submission date when you have had more time to think about it.

In deciding whether or not to opt out (and if you do not opt out, when to submit) you should consider the following:  Will you have time to complete the PPD and devote sufficient time to Stage 1 and Stage 2 of the LPC to obtain good results in your vocational qualification?  Your overall grade (Distinction, Commendation, Pass) may differ based on whether you opt out and take the Postgraduate Diploma or whether you submit a PPD and take the LL.M. Inevitably, the awards are calculated differently; the PPD is weighted at approximately 20% of the LL.M award, which means a poor PPD could bring down your overall grade.  You will receive your Stage 1 and Stage 2 transcripts (your vocational qualification) in any event at the time of results publication (this is all you need to satisfy the SRA that you have completed the vocational stage of training).  You will not receive notification of your award (either LL.M or Postgraduate Diploma) until the Awards Board is able to confirm your final result based on the relevant awards criteria. If you opt out your award may be confirmed earlier. If you opt out your Postgraduate Diploma award will be confirmed shortly after results publication. The LL.M awards will be made approximately 4 months after the relevant submission date, which will be later.  If you do not opt out but simply fail to submit a PPD at the first or second submission dates, you will be deemed to have opted out and any award to which you are entitled will be confirmed by the Board thereafter. You will not be able to obtain an LL.M unless you pay for an additional dissertation module.  If you opt out you cannot opt back in more than 7 days after your final results are published at the end of your course (i.e. Stage 1 results for 18 month students; stage 2 results for all other modes). Once that 7 day
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deadline has passed, you will not be able to obtain an LL.M unless you pay for an additional dissertation module.

1.2.2 Deciding when to submit your PPD

You will be offered two possible submission dates for your PPD. It is for you to decide when is the best time for you to undertake the work required. If you are on the 10 month, 18 month or 22 month LL.M LPC course the first submission date will be in the final month of your course and the second will be three months later. If you are on the 7 month LL.M LPC both submission dates are after the course finishes. It is your responsibility to ensure that you have indicated your chosen submission date. You will be asked to give an early indication of whether and when you intend to submit a dissertation to assist us in planning our resources. Even if you initially indicated you would opt out, you will then be sent an e mail five months before the first submission date inviting you to access the proposal process. At that point you will be asked to select your chosen date for submission or to opt out officially. See Appendix 4 for a summary of the PPD schedule. You have access to these Guidelines and various resources relating to the PPD from the start of the course in the Professional Practice Dissertation Module on ELITE. In addition, you will see the Dissertation Proposal module box on your home page of ELITE (see Fig 1 below) which will enable you to download the proposal form (see Appendix 1 for sample) at any stage from the start of the course, but you will not be able to submit a proposal until you receive the email invitation.

Fig. 1

1.2.3 Deciding on the Elective area

Students sometimes assume that the University will appoint a supervisor for the PPD who will supervise the process of selecting a topic and submitting a plan. Our LL.M does not work like this; we will appoint a reviewer to review your title selection and plan (see Section 3 below), but we do not make this arrangement until you have completed a proposal form specifying the Elective area to which
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your PPD relates, your proposed title and plan. This enables us to direct your proposed title and plan for review to the tutor with the most appropriate legal and practical knowledge for your chosen area of legal practice.

To help you decide on an appropriate elective area, you may wish to look at the textbooks which are available in hard copy in the library or electronically via the Library Services Portal on ELITE. In addition, the Course Summaries for all the LPC electives are also available in the PPD Module on ELITE.

1.2.4 Requirements for the LL.M in International Legal Practice (LPC)

To qualify for this award, you must you study three International Electives. In addition, your PPD must be based on one of the International Electives offered. However, the PPD itself should be focussed on practice in England and Wales, and does not have to include an international element. For example, if your chosen PPD elective is International Arbitration Practice, you can write a PPD which focusses solely on arbitration practice in England and Wales; or alternatively you can discuss how international rules impact on practice and clients in England and Wales.

1.3 Learning Outcomes and the PPD

Whatever area of legal practice you choose, your PPD must achieve an appropriate range of the following learning outcomes. As a reminder, a learning outcome is something which you will be able to do, and to demonstrate that you can do at the end of a particular piece of work; in this case, once you have completed the PPD.

1.3.1 Knowledge and understanding  demonstrate a comprehensive understanding and critical awareness of current issues or developments at the forefront of the chosen area of legal practice;  identify the complex legal issues involved in the chosen area of legal practice including relevant commercial and tactical factors.

1.3.2 Cognitive Skills  critically evaluate current research, commentary and practitioner analysis of the various elements forming the subject matter of the PPD;  reflect critically upon legal principles and practical context in the chosen area of legal practice;  display originality in application of knowledge based upon research and enquiry undertaken.

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1.3.3 Practice Skills  demonstrate the ability to conduct and evaluate legal research in primary or practitioner sources;  demonstrate the ability to produce a report which communicates in a clear and concise manner and with appropriate professional style;  demonstrate the ability to self-manage a research-type project from design to delivery.

Please note that in order to fulfil these learning outcomes:

 Your PPD must have a strong practical element (i.e. it must be more than an academic dissertation on the topic you have chosen). It must engage fully with the practical elements relating to how lawyers conduct business with clients in the area of legal practice in question. It should cover both specific legal issues and any relevant commercial, economic and socio political factors impacting on legal practice or the practitioner approach. You should bear this in mind when selecting your topic area: will it allow you to display this practical focus?

 It is neither expected nor desired that you conduct any research using human participants. If you wish to undertake such research you must comply with the University’s protocols. Please refer to section 4.2.1 and the University’s practice statement ‘Ethical Research’, which is in the Resources section of the Professional Practice Dissertation Module on ELITE.

2. Guidance on formulating your PPD title

2.1 Identifying a current issue or development in legal practice

Given the post-graduate level of this award, the University does not maintain a list of suggested titles or subject areas for the PPD. It is your responsibility to identify a current issue or development in an Elective area of practice and to work out the particular approach you wish to take as the focus of the proposed dissertation.

Please bear in mind the learning outcomes set out at 1.3 above when selecting the topic of your PPD and the importance of choosing a topic which will allow you to demonstrate the practical element which is fundamental to the PPD. In particular, please note the PPD Assessment Criteria in Appendix 6 below; work which is purely descriptive in nature without any adequate supporting legal research and analysis is likely to fail.

Once you have done this, you must then formulate a title and plan using the proposal form which you will download from ELITE. A sample form is set out in Appendix 1.
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Do not use the sample form when submitting your proposal. The title and plan will allow us to check that you are likely to meet the learning outcomes appropriately.

2.2 Formulating a title that fulfils learning outcomes

A Demonstration entitled “Guidance on writing your dissertation” is available to view through the Professional Practice Dissertation module on ELITE. The Demonstration runs through the factors that you need to consider when formulating your title to make sure you can demonstrate the required learning outcomes including checking the availability of research material, keeping it practice focussed and topical. It also has a review of some title examples and tips on pitfalls to avoid.

You may also seek general assistance from one of your tutors or i-LL.M LPC supervisors in preparing your title and plan, but bear in mind that the tutor or supervisor will only be able to give general advice; in particular, he or she will not be able to suggest a title or fill in the proposal form for you.

For further guidance, please refer to the Checklist for Submission of PPD Title and Plan on ELITE, also attached at Appendix 5.

2.3 Completing the proposal form

You will receive an email telling you that the online portal is active. The email will invite you to visit ELITE, where a PPD Module box will be available, allowing you to access the portal and download the proposal form. As you will see from the form (see Appendix 1), your plan must include the following:

 Title

 A short summary (maximum 250 words) outlining the issues or developments to be investigated, the approach to be taken, and the expected outcomes from the range identified in Section 1 above.

 Methodology (i.e. how you propose to compile the data/information to enable you to complete the work). It is neither expected nor desired that you conduct any research using human participants. If you wish to undertake such research you must declare your intention on the proposal form and comply with the University’s protocols. Please refer to section 4.2.1 and the University’s practice statement ‘Ethical Research’ in the Resources section of the Professional Practice Dissertation module on ELITE.

Do not submit your proposal without first using the checklist at Appendix 5. A specimen completed plan is set out in Appendix 2.
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2.4 Submitting your proposal form

You must submit your final proposal on the form via the portal on ELITE no later than the date specified (the Proposal Deadline), which will be approximately two months before the PPD submission date. The earlier you complete your proposal the sooner you will know whether it is acceptable and the sooner you will be able to focus your work on the agreed title. Please do not leave it until the last minute. You cannot upload to the portal after the Proposal Deadline in any circumstances. This means that, if your reviewer suggests you need to revise your title, both the original and revised versions must be submitted by the Proposal Deadline.

2.4.1 Submission dates for the completed PPD

You have a choice between two submission dates (see 1.2.2 above). A full list of submission dates for all courses is available on the Professional Practice Dissertation module on ELITE, and details for your own course also appear on your Year Planner, your Exam Timetable and via the PPD portal. If you miss the first submission date for any reason you will automatically be transferred to the second. If you miss the second submission date you will be deemed to have opted out of the dissertation unless you submit a concession application.

2.4.2 Deadlines for submitting your proposal

We have introduced the Proposal Deadline to enable you to have enough time in which to research and write your PPD. Broadly speaking we will invite you to submit a proposal five months before the first submission date and the Proposal Deadline will be two months before your chosen submission date. However, please note that if you do not submit your proposal until the Proposal Deadline this is likely to leave you only one month to complete your PPD after allocation of a reviewer and feedback on your title. In addition, it is not possible to submit a proposal, including a revised version, after the Proposal Deadline. If you wish to have two opportunities to receive feedback as outlined in 3.1 below, then you must submit your initial proposal well before the Proposal Deadline. This will enable you to receive feedback and then act on it so that you can, if necessary, submit a revised proposal before the Proposal Deadline.

See Appendix 4 for a flow chart setting out the PPD schedule in general terms. Your Year Planner (in the Student Handbook on ELITE) contains the proposal and submission deadlines for your course.

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3. Approval of the title and plan

3.1 Your reviewer’s role

Once you have submitted your proposal form for the PPD you will be allocated a tutor who will review your proposed title and plan. Depending on the nature of your topic, and the time of the year, it may sometimes take up to 3-4 weeks from the submission of your proposal to appoint you a suitable reviewer, although we will always endeavour to allocate a reviewer as soon as we can. There is no reason at all why you should not start work on the research for your PPD while you are waiting for your reviewer to be appointed.

Title review will consist of written feedback on your proposal form. This has the advantage that you have a record of all comments and communication and can benefit from the expertise of the most appropriate tutor for your PPD, regardless of which University centre he or she is based at. You will not meet your reviewer.

The function of your reviewer is to:

 Give feedback in writing on your proposal on up to two occasions by:

 Commenting on and agreeing your proposed title. If your initial proposed title is not acceptable your reviewer will indicate why the title would not meet the required learning outcomes and give broad suggestions for improvement. It is up to you to take those comments into consideration before submitting a revised title to your reviewer via the portal no later than the Proposal Deadline. In the event that your revised title is still unacceptable your reviewer will give further feedback and you must then act upon it without further assistance.

 Commenting on your plan for the PPD to identify if it is realistic, has identified appropriate resources and demonstrates an understanding of the required learning outcomes.

Your reviewer’s comments on your proposed title and plan are intended to help you in understanding the general application of the assessment criteria to your work (see Appendix 6) and are not to be taken to indicate that any plan or draft is of a fail or pass standard overall or in relation to any learning outcomes. Your reviewer can only give you general advice (e.g. that your plan is too descriptive, resulting in a lack of critical analysis).

In particular, please note that your reviewer will not:

 provide oral or ongoing feedback on your proposals

 correct all errors in the plan submitted
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 proof-read or edit a draft PPD

 give an opinion on the mark likely to be obtained in advance of submission

 otherwise assist you in researching or writing your PPD.

3.2 Your responsibilities as a student

Given the post-graduate nature of the award, the prime responsibility for production of the work leading to the PPD remains with you, indeed one of the learning outcomes is your ability to self-manage a research-type project from design to delivery. Working on a PPD is a different process from following a taught or supervised module. Whereas a taught or supervised course module normally guides you to the relevant background material in a particular area of study, in the PPD you must ascertain for yourself what is, and what is not, relevant to the chosen title.

In order to get the most out of the review by a reviewer you should make sure you have:

 completed and viewed the “Guidance on writing your dissertation” demonstration;

 chosen a current issue or development within an area of legal practice covered by an Elective available on your programme of study and clearly indicated this on the Proposal Form;

 located available current credible sources of information on your chosen topic and clearly identified these resources in your plan on the Proposal Form (this is likely to have required you to undertake some initial research in your selected area of legal practice);

 evaluated how your proposed title and plan would enable you to demonstrate the required outcomes; and

 used the Checklist for Submission of PPD Title and Plan at Appendix 5 to assist you in achieving the points above.

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4. Writing your PPD

4.1 How to approach writing your PPD

Building on what is said in Section 3 above; this is very much up to you, and the way in which you like to work. For example, some people like to feel that they have completed most (or all) of their research before embarking on their writing: others may prefer to start on a very rough first draft after doing a fairly small amount of research, and see where the act of writing this first draft takes them (there are, of course, many other different ways of approaching a long piece of written work such as the PPD).

Broadly speaking, no one way of working is the “right” way; for example, both methods described above can work very successfully for different types of learner. However, the following pieces of general advice may be useful:

 It is normally a good idea to plan your work, particularly as you will need to ensure a clear, concise and professional presentation of your research and analysis.

 Be prepared to be flexible. For example, you may need to do more research as a result of the writing process (you may get new ideas, or think of something you need to go into which your research has not covered so far). Sticking too rigidly to a plan can be a mistake; do constantly review your work and adjust it as required to ensure you meet the learning outcomes.

 Our experience so far shows that it is not normally a good idea to leave research or writing to the last minute. We do appreciate that you have many other commitments, and that as you work through the PPD process, other things will need to take priority. However, if at all possible, we recommend that you try to pace yourself and work throughout the period, rather than leaving things to the end.

4.2 Research

4.2.1 Ethical research

Before commencing your research you should read the University’s practice statement ‘Ethical Research’ in the Resources section of the Professional Practice Dissertation module on ELITE. Conducting research using human participants in particular gives rise to ethical issues. At its simplest level, asking the opinion of a single practitioner whom you know socially would come under this heading. Conducting such research without complying with the University’s protocols (which require approval of the Ethics Sub-committee) constitutes academic misconduct.
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The LL.M is covered by the University’s Student Discipline Regulations which cover plagiarism, cheating and other academic misconduct, and by the LL.M Regulations in force from time to time. The Student Discipline Regulations can be found on ELITE under “University of Law Policies”. The LL.M Regulations can be found in your Student Handbook on ELITE. Please take the time to read both sets of regulations.

If, having read the practice statement “Ethical Research”, you do intend to apply for approval from the Ethics Sub-Committee, you will need a member of academic staff to support your application. In such a case you should discuss your research plans with your personal tutor.

4.2.2 Legal research guidance and resources

You will have already come across provisions relating to Legal Research on your course and will have access to both paper and electronic based research tools throughout the period of your work on the PPD.

It is suggested that you look back over your study notes on how to conduct Legal Research and make full use of the hard copy and online assistance provided at that time such as i-Tutorials, Research Guides, iGuides, FAQs, course links and subject links. Many of these resources are available via the Library Services Portal on ELITE. You are strongly advised to study these guides and materials closely before beginning your research and to consult them when you need assistance.

The ‘Researching Your Dissertation’ webinar available in the Resources area in the Professional Practice Dissertation module on ELITE provides an overview of the research resources available, both subscription based (provided by the University) and free internet based resources. Guidance is also given on how to keep up to date with developments in your chosen PPD subject area and how to evaluate free information found online.

If you have a technical question about how to use a particular electronic or paper-based research tool which is not already answered by the guides referred to above you are permitted to ask library staff for guidance.

For the avoidance of doubt the library staff will not answer any questions which relate directly to your PPD, the appropriateness of your research strategy or the accuracy of your research. The library staff will be the judge of how much guidance they can give you.

You will have access to the textbooks on all Elective subject areas to provide introductory material on a wide range of legal practice areas along with the Research Guides and iGuides via the Library Services Portal on ELITE. You also have access to the subject outlines for all LPC electives and the
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Dissertation Demonstration through the Professional Practice Dissertation module on ELITE.

5. Presentation of the PPD

5.1 General requirements and word limit

You must ensure that your PPD is logically structured, well-written and neatly presented.

5.1.1 Word Limit

The word limit for the PPD is 7,500 words. You must do a word count on your PPD, and state at the end the number of words which you have used. To be fair to students who do comply with the word limit, there is a penalty for exceeding the limit. The excess words over 7,500 will not be read or marked. There is no minimum word limit, but it is unlikely that a PPD which had significantly fewer than 7500 words would demonstrate the learning outcomes.

Summary of word limit rules

Item Do words count?

 Cover sheet No  Contents page (if used) No  Title, Headings and sub-headings Yes  Footnotes No  Bibliography No  Case and statute names in body of PPD Yes

5.1.2 General word-processing and presentation

Please abide by the following rules when preparing your PPD for presentation:

 produce it in word-processed format using Microsoft Word  use a minimum font size of 12 characters per inch; e.g. Arial 12  number the pages at the bottom of the page in the centre  enter your candidate number in the top right-hand corner of each page
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 all typing should use one-and-a-half line spacing, except for footnotes and indented quotations, which should use single-line spacing  retain a copy of your PPD before you submit it.

5.2 Contents of the PPD

The contents of the PPD must include the following:  a cover sheet (hard copy only)  Ethics sub-committee approval of research involving human participants where necessary (hard copy only)  the body of your report  a bibliography  your proposals (if any) and the feedback on them (hard copy only)

These five elements must appear in the order listed above.

5.2.1 Cover Sheet

The hard copy PPD must be prefaced by a cover sheet. The cover sheet can be found in the Professional Practice Dissertation Module on ELITE in the Submission folder. You should complete the necessary information and then attach the hard copy cover sheet to the front of your hard copy PPD.

The cover sheet must contain the following information:  the title of the PPD  your candidate number, but not your name  the date of submission  the LL.M award for which you are studying (i.e. either the LL.M in International Legal Practice (LPC) or LL.M in Professional Legal Practice (LPC))  a statement of the number of words you have used in your submission, calculated in accordance with the guidance in paragraph 5.1.1  your Turnitin submission identification number (see 6.4.1)  a declaration in the following form:

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“DECLARATION

I declare that:  The work in this Professional Practice Dissertation was carried out in accordance with the Regulations of The University of Law.  The work is original except where indicated by acknowledgement or special reference in the text, and no part of this Professional Practice Dissertation has been presented by me or any other person to any other University or body for examination either in the United Kingdom or overseas.  Excluding this cover sheet and the copy proposal forms at the end of this document, I have submitted an identical copy of this work to Turnitin and my submission ID is correctly listed above.  I have not conducted research involving human participants for the purposes of this work.* OR I have obtained consent from the Ethics sub-committee for my research involving human participants and the consent reference is [ ].*

[*Delete as appropriate]”

Please note that in common with many other academic institutions, the University uses plagiarism detection software (Turnitin – see 6.4.1).

The LL.M is covered by the University’s Student Discipline Regulations which cover plagiarism, cheating and other academic misconduct, and by the LL.M Regulations in force from time to time. The Student Discipline Regulations can be found on ELITE under “University of Law Policies”. The LL.M Regulations can be found in your Student Handbook and on ELITE. Please take the time to read both sets of regulations.

5.2.2 The report based on your title

5.2.2.1 Report structure

Your PPD should be written as a professional report and so should follow the generally applied format of a professional report (see Appendix 3 for a summary).

You should set out your title at the beginning.
Next, set out the conclusion, usually expressed as an “Executive Summary”, this is your own opinion based upon the research and analysis of the research that you have carried out.
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Then you should detail the research, critical evaluation and analysis of it which led you to that conclusion. Use headings and sub headings to clearly distinguish the various aspects of your research (see below for guidance on format of headings).

Writing in this format should help you keep within the word limit which is intended to reflect the fact that in practice it is essential to communicate research and analyse complex issues in a concise manner.
Although in the format of a formal report you should not limit your coverage to purely legal points; Remember your report should also cover any relevant l factors impacting on legal practice or practitioner approach in your selected area of legal practice.

5.2.2.2 Headings

As indicated above the PPD should use headings and sub-headings etc. as appropriate. You should use a consistent style for dividing headings from sub-headings, for example:
BACKGROUND TO LEGISLATION

Adoption of the Directive

Role of the European Commission Role of the Council of Ministers Role of the European Parliament

Implementation of the Directive in the UK

REGULATION OF NIGHT WORK

The Directive The UK Regulations Compatibility between the Directive and the Regulations

Words used in headings and sub-headings must be included in the word count.

5.2.2.3 Footnotes, references and citations

You should use footnotes to enable the marker to check the authority for your propositions. Each reference should be given a number which will appear in the body of the text, either in parenthesis on the line (1) or as a superscript1.

Most modern word-processing packages allow footnotes to be inserted automatically, with an option to place them at the end of the document, or at the bottom of the relevant page.
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Use OSCOLA (the Oxford University Standard for Citation of Legal Authorities) for citing/referencing all material used in your report. A Library Services Factsheet ‘OSCOLA referencing for Law resources’ explaining this referencing method is available from the library. In addition further examples and online tutorials on referencing using OSCOLA can be found at: www.law.ox.ac.uk/publications/oscola.php. Please note that your references must be expressed sufficiently clearly that any reader of the dissertation could check them easily.

Reference to books, papers and articles in the footnote of your text need only include the author’s name and year of publication as long as full details of that source are given in the bibliography (see below). However, this abbreviated reference must include the relevant page number or, for internet-based resources, a functioning URL address and the date of last access; e.g.:

Fairhurst, J & Vincenzi, C (2003), p.36 or Young, C. (2001) http://www.archaeol.freeuk.com/ EHPostionStatement.htm [24 Aug 2001].

Footnotes should not be included in the word count.

5.3.2.4 Quotations

Where a quotation will occupy more than four lines, it should be indented and typed using single-line spacing. Quotations must be included in the word count.

5.3.4 Bibliography

All works to which you refer within the text and in the footnotes must be included in the bibliography, as well as any other sources you have used in the course of the research. Please note that you may consult any research source you want, but it must be available to read in English.

OSCOLA requires bibliographies to be laid out in three parts:

 Table of cases  Table of legislation  Bibliography – all other secondary resources (e.g. books, journal articles, newspaper articles and so on)

A Library Services Factsheet ‘OSCOLA referencing for Law resources’ explaining this referencing method is available from the library. In addition further examples and online tutorials on referencing using OSCOLA can be found at: www.law.ox.ac.uk/publications/oscola.php.

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6. Arrangements for submission

6.1 Submission dates

See para 2.4, your course year planner and the schedule of PPD submission dates on ELITE.

6.2 What if I need to postpone submission of my PPD?

As explained at para 2.4, if you miss the first submission date for any reason you will automatically be transferred to the second. If you miss the second submission date you will be deemed to have opted out (subject to any concession application).

6.3 Can I submit a concession application?

You may be wondering whether the reason for your non-submission can be taken into account by way of concession. The answer depends on whether you have missed the first or second submission date. The first submission date is in effect optional and not crucial whereas the second submission date is final and therefore critical.

Consider the following situations:

6.3.1 You miss the first submission date You are due to submit your PPD on 1 June which is the first submission date in this hypothetical example: the work has gone well, and you are nearing its completion. However, on 15 May, you fall ill, and realise that you will be able to do little or no further work before 1 June. What should you do?

The most important thing to remember is the University’s “fit to….” policy in relation to assessments. In the case of the PPD, this is a “fit to submit” policy: i.e. if you choose to submit your work on 1 June, it will stand or fall by its merits, and no concession application can be made.

In effect, you have three choices:

 Submit the work as planned (you may, of course, already be confident that it needs very little more doing to it), in which case no concession application can be made.

 Submit up to 7 days late with a concession application explaining your reasons for lateness and supported by appropriate evidence. If accepted your work will be marked; if not, you have missed the submission date and will be transferred to the second submission date as a first attempt.

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 Do not submit, in which case no concession application is required as you will be automatically transferred to the second submission date as a first attempt.

6.3.2 You miss the second submission date You are due to submit your PPD on 1 September, which is the second submission date in this hypothetical example: the work has gone well, and you are nearing its completion. However, on 15 August, you fall ill, and realise that you will be able to do little or no further work before 1 September. What should you do?

The most important thing to remember is the University’s “fit to….” policy in relation to assessments. In the case of the PPD, this is a “fit to submit” policy: i.e. if you choose to submit your work on 1 September, it will stand or fall by its merits, and no concession application can be made.

In effect, you have three choices:

 Submit the work as planned (you may, of course, already be confident that it needs very little more doing to it), in which case no concession application can be made.

 Submit up to 7 days late with a concession application explaining your reasons for lateness and supported by appropriate evidence. If accepted your work will be marked; if not, you have missed the submission date and will fail the PPD. You will have one further attempt which will take the form of re-submission of the original title and a re-sit fee will be payable.

 Do not submit, in which case you will need to make a concession application explaining your reasons and supported by appropriate evidence. If accepted you will be given an additional attempt; if not, you have missed the submission date and will fail the PPD. You will have one further attempt which will take the form of re-submission of the original title and a re-sit fee will be payable. If you do not submit a concession application you will be deemed to have opted out and you will only be eligible for the PgDip award. You will not be able to obtain an LL.M unless you pay for an additional dissertation module within the five year period to ‘top up’ your PgDip.

6.3.3 Concession applications The rules on concessions for the PPD are the same as for any coursework on your course and you should consult the latest version of your course Handbook and, in particular, the LL.M Assessment and Award Regulations before making your decision (the Assessment Office will be pleased to help with any queries you may have; however, we cannot speculate on how the Awards Board will view any particular case).

If you decide to submit a concession application, please bear in mind the following:

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 the Assessment Office will need to receive your application form and supporting evidence by the deadlines set out in the course Handbook and on the concession form itself

 it will be some time before you find out the result of your application as the Awards Board does not meet until the end of the marking and moderation process which is three to four months after submission

 the Awards Board has no power to give an “aegrotat” or “condoned” pass. The outcome of a successful concession application is that you will be able to submit your PPD at the next submission point as an additional attempt.

IMPORTANT:

Note also that you must complete all LL.M assessments within five years of commencing the LL.M.

6.4 How and where to submit the PPD

You must submit identical versions of your PPD both electronically and in hard copy by 4.30pm on the submission deadline date. Please ensure that you keep a copy of the submission.

6.4.1 Electronic copy You must upload your work to Turnitin, the plagiarism detection software used by the University to check the originality of individual student submissions against internet sources, other student submissions and academic databases to ensure the originality of individual submissions. Detailed guidance on how to use Turnitin will be provided by your Assessments Office no later than two weeks before the submission deadline, but once submitted you will be given a Turnitin submission identification number.

6.4.2 Hard copy You must complete a cover sheet (see 5.2.1), including your Turnitin submission ID, and attach the completed cover sheet to the front of your hard copy submission. You must then submit the hard copy to the Assessment Office at your centre. You must also attach the following to your hard copy:  Ethics sub-committee approval of research involving human participants where necessary

 your proposals (if any) and the feedback on them

See 5.2 for further information.
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7. Assessment Criteria

You will need to achieve a mark of 50% or more to pass the PPD. The assessment criteria which will be applied in the marking and moderation of the PPD are set out in Appendix 6.

8. The Award

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 You will be awarded an LL.M in Professional Legal Practice (LPC) or an LL.M in International Legal Practice (LPC) when you pass all elements of Stage 1 and Stage 2 of the vocational qualification plus the PPD.

 You will be awarded a Postgraduate Diploma in Professional Legal Practice (PgDip) or a Postgraduate Diploma in International Legal Practice (PgDip) as an exit award if you pass Stage 1 and Stage 2 but do not pass or choose not to submit the PPD for any reason.

 Please refer to the LL.M Award Regulations for further information.

IMPORTANT INFORMATION

If you do not opt out of the LL.M but simply fail to submit a PPD by the second or, where applicable, resit submission dates, you will be deemed to have opted out and any award to which you are entitled will be confirmed by the Board thereafter. You will not be able to obtain an LL.M unless you pay for an additional dissertation module.

9. Any Questions?

If you have any questions arising either from these Guidelines, or in relation to the research and writing of your PPD, we suggest the following ways to resolve them:

 refer to the FAQs sheet in the PPD module on ELITE – this has the answer to many common questions. Alternatively  if it is a practical legal research question (e.g. about research sources): please contact the library;  any other questions (e.g. about the organisation/operation of the PPD specifically): please contact your course leader.

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APPENDIX 1

Professional Practice Dissertation Plan for approval by Reviewer – Specimen – please download from the portal

1. Candidate number
2. Elective Area
3. Title of PPD
4. Short summary/abstract of your PPD (max. 250 words) including suggested section headings and relevant learning outcomes (see Section 1.3 of the PPD Guidelines)
5. Methodology (i.e. how you propose to compile the data/information to enable you to complete the PPD)
6. You must delete one of the undertakings below. Read the practice statement in the PPD guide before doing so.
1. I will not be conducting any research involving human participants
2. I intend to conduct research involving human participants and I undertake to [obtain approval/have obtained approval from the Ethics Sub-committee]

APPENDIX 2 Specimen Professional Practice Dissertation Plan for approval by Reviewer

Note: The nature of current issues is such that it is impossible to give an example of a truly current one in these Guidelines. This proposal would have been a current issue for a student submitting their PPD in the academic year September 2013 – September 2014

1. Candidate number

XX15-1234

2. Elective Area

International Public Companies

3. Title of PPD

Comprehensive reform of directors’ remuneration came into force on 1st October under the Enterprise and Regulatory Reform Act 2013 in relation to quoted UK companies. Will this new regime really improve clarity on the link between directors’ pay and the company’s performance, and should this change legal advice given to UK quoted companies on the formulation of internal policies on directors’ pay?

4. Short summary/abstract of your PPD (max. 250 words) including suggested section headings and relevant learning outcomes (see Section 1.3 of the PPD Guidelines)

Executive Summary: Whilst the new requirements would appear to improve clarity there is potential to frame remuneration policy and disclosure in a way which obscures the link between pay and performance. Concessions obtained which provide that details of performance targets need not be disclosed along with the general concession for commercially sensitive information could be abused to act against the intended purpose of the legislation. However, secondary guidance under discussion and the views of legal advisors do suggest that a perceived need for flexibility in the recruitment and retention of directors may be balanced against shareholders’ need for clarity in pay through the use of carefully crafted policies.

Key points of law and legal practice to be analysed: The Enterprise and Regulatory Reform Act 2013 made key changes to the legal framework for director’s remuneration in quoted companies including requirements for pay to be consistent with a members approved policy and in accordance with the Large and Medium sized Companies (Accounts and Reports) (Amendment) Regulations 2013. This report will review the impact the changes have on the format and content of remuneration policies and the options to provide for flexibility within required formats.
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Critical evaluation of changes It will include: Evaluation of new format for Directors’ Remuneration Report including required explanation of any omission of performance measures and remuneration policy voting. Evaluation of institutional views; BIS paper and proposals on Corporate Governance Code, and Evaluation of GC100

5. Methodology (i.e. how you propose to compile the data/information to enable you to complete the PPD) I intend to first improve my understanding of legal practice in this area through background reading on regulation of the director’s remuneration. I will start by reading relevant sections of the Public Companies and Equity Finance textbook. I will then move on to review key practitioner texts on the area such as Corporate Governance and Accountability by Solomon J. and relevant practice notes, available from PLC, such as Director Remuneration: Enterprise and Regulatory Reform Act 2013, and Directors’ remuneration: corporate governance issues I will then review the relevant primary and secondary legislation, including pertinent sections of: The Companies Act 2006 The Enterprise and Regulatory Reform Act 2013, The Large and Medium-sized Companies and Groups (Accounts and Reports) (Amendment) Regulations 2013 I will then look in detail at available guidance, including: GC 100 Guidance ABI’s guidelines on executive remuneration NAPF corporate governance policy and voting guidelines PIRC shareholder voting guidelines, and Hermes EOS and NAPF: Remuneration principles. I will also read and consider articles produced by practitioners, including Linklaters, Nabarros, and Wedlake Bell to see the impact on advice given by solicitors. Finally I plan to examine the socio economic context of these changes through research into the discussions surrounding the proposals (using government, frc and London Stock Exchange web sites) and general media (including critical evaluation of the sources).

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6. You must delete one of the undertakings below. Read the practice statement in the PPD guide before doing so.
1. I will not be conducting any research involving human participants
2. I intend to conduct research involving human participants and I undertake to [obtain approval/have obtained approval from the Ethics Sub-committee]

APPENDIX 3

Suggested PPD Report Format

TITLE: Insert agreed title

EXECUTIVE SUMMARY: A summary of your personal conclusion in relation to the current issues or developments in your selected area of Legal Practice contained in your title.

REPORT: The detailed research, critical evaluation and analysis of it which lead you to your conclusion.

Each aspect considered in your research and analysis should be covered by separate headings.

Remember that in addition to covering any case law or legislation provision (actual or proposed) your report should also cover broad matters like relevant commercial, economic or socio-political factors impacting on Legal Practice or practitioner approach in your selected area of Legal Practice.

(Date and word count)

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APPENDIX 4

SUMMARY OF PPD SCHEDULE

Action When Initial, non-binding indication of: Opting out Submission date Subject area When choosing electives Final decision on: Opting out Submission date Subject area 5 months prior to 1st submission date First submission date Second submission date Action When Action When Window opens to submit proposal for 1st submission date 5 months prior to 1st submission date Proposal Deadline

Automatic transfer to 2nd submission date if no proposal received
2 months prior to 1st submission date
Reminder to submit proposal for 2nd submission date
5 months prior to 2nd submission date
1st submission date

Automatic transfer to 2nd submission date if no submission received
10 month, 18 month and 22 month courses – during last month of course 7 month courses – approximately 3 months after completion of course
Proposal deadline 2 months prior to second submission date
LL.M results and awards for successful candidates Approximately 4 months after submission date 2nd submission date Approximately 3 months after 1st submission date. Deemed to have opted out if no submission or concession by this date. Second attempt for those who submitted but failed Approximately 3 months after LL.M results LL.M results and awards for successful candidates and deemed opt outs Approximately 4 months after 2nd submission date
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Second attempt results and awards Approximately 4 months after second attempt submission date Second attempt for those who failed Approximately 3 months after LL.M results Second attempt results and awards Approximately 4 months after second attempt submission date

Actual dates will be published for your course on ELITE in the Professional Practice Dissertation Module
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APPENDIX 5
PROFESSIONAL PRACTICE DISSERTATION

Checklist for submission of PPD title and plan

This note is intended to assist you in completing the proposal form (title and plan) for your Professional Practice Dissertation (PPD).

Step 1

Have you specified the elective area to which your dissertation relates?

You must select one of the 18 electives offered on the LL.M LPC as the Elective area to which your dissertation relates, for example International Joint Ventures. Your dissertation should clearly relate to the elective area of legal practice that you have specified.

If your proposed subject area covers two electives then you should only put down the elective area of practice which it predominantly relates to. For example, for a dissertation looking at commercial terms of Intellectual Property licences; if your key focus is the impact on the Intellectual Property rights, the relevant elective area is International Intellectual Property Practice, but if your key focus is on the commercial terms you should put down International Commercial Law and Practice.

Note: Your dissertation should be based on the practice of law in England and Wales, and coverage of International aspects should be from the perspective of practice in England and Wales. For example, coverage of the reform of Chinese law on the creation in China of Joint Venture Companies would not be acceptable, but consideration of the impact on joint venture structures governed by English Law to the opening up of restrictions in emerging markets would be.

Step 2

Checking your title fulfils the Professional Practice Dissertation requirements

 Is it a current issue or development in an elective area of practice that is likely to have connected resource material? The dissertation is a good opportunity for you to demonstrate to potential employers or your sponsoring employer that you know something about relevant issues or developments in your preferred area of practice. It should be something that the profession is concerned about and is being covered in practitioner journals or blogs and the press and possibly in Parliament or other regulatory bodies.

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 Is the scope of the area being covered wide enough to find adequate resources, but narrow enough for detailed consideration? You need to make sure that the area you decide to cover is wide enough to provide you with resource material (if on a brief review of the area you cannot find much commentary or review material then you probably need to widen the scope) yet narrow enough to enable you to drill down into the detail of the legal, commercial and tactical factors. For example, coverage of the Jackson reforms would be far too general. You need to focus on one or two aspects of the reforms, such as the removal of funding for clinical negligence claims. In covering a particular aspect of the broad reforms you could then look in detail at the impact of these changes on potential claimants, the medical profession and how clinical negligence cases are run including alternative funding arrangements.

 Does it relate to the work of the profession? The dissertation should not be purely an academic discussion, it should relate to how the law is practiced. A discussion about how a particular clause is interpreted might create an interesting academic debate but if that does not have any impact on how the law is practiced it will not enable the outcome on application to be met. This does not mean that you cannot consider the provisions of a particular case. For example the recent case of Prest v Petrodel Resources Ltd & Ors [2013] UKSC 34 limiting the ability of individuals to hide behind a corporate veil could have an impact on a number of areas like family law and chasing hidden assets or the protection of third parties in Joint Ventures. If you want to consider a case, the key thing is to think about is the wider practical implications for an area of practice and read associated practitioner commentary rather than just academic journals.

 Does it pose an interesting question? A title which simply refers to a particular issue or development is likely to result in a purely descriptive dissertation which will not meet the required outcomes on critical analysis. Your title should include a quantitative statement such as “To what extent…?” or prompt the use of conflicting statements such as “Will this ensure the legitimate use of corporate structures or simply reduce risk taking?” to cover conflicting views. The essential point is that it should be phrased as a question to which you must present your answer.

The following is an example of a good title along with an explanation as to why it would fulfil the Professional Practice Dissertation requirements.

“Comprehensive reform of directors’ remuneration came into force on 1st October 2013 under the Enterprise and Regulatory Reform Act 2013 in relation to quoted UK companies. Will this new regime really improve clarity on the link between directors’ pay and the company’s performance, and should this change legal advice given to UK quoted companies on the formulation of internal policies on directors’ pay?

(This is the title used for the specimen plan in Appendix 2 of the PPD Guidelines.)

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Is it a current issue or development in an elective area of practice that is likely to have connected resource materials? It is recent legislation that has been widely reported on.

Is the scope of the area being covered wide enough for resources but narrow enough for detailed consideration? The title refers to a fairly narrow aspect of a new piece of legislation but in an area that is quite politically sensitive and so likely to have associated resources in practitioner journals, business press and indeed the wider press along with parliamentary discussions.

Does it relate to the work of the profession? Although not directly impacting on legal procedure (such as Jackson reforms or changes in Employment Tribunal rules etc.), the title does relate to the impact of the changes on the advice to be given to such companies in relation to its policy, on which it would be advised by its corporate lawyers.

Does it pose an interesting question? This title actually includes two related questions – one is if the legislation will meet its intended aim (this enables discussion of the parliamentary aspects and wider economic implications) and the narrower specific legal impact. This is acceptable because the issues are related and raise the wider discussion point of the link between legislative intentions and actual policy change. This is an “interesting” question because of the way it is phrased; it does not simply describe the impact on internal policies but whether they “should” change. This would open up the more fundamental questions on legal and business ethics for which a conclusion should be reached based on research and analysis.

Note PPD Titles for “International” electives do not need to be International in nature and can relate to any issue in that elective area of practice, as in this example on pay in UK quoted companies in relation to the “International Public Companies” elective.
Note that this title is for illustrative purposes only and should not be used for your own dissertation. A key outcome of the PPD is that you demonstrate your ability to self-manage a research–type project from design to delivery, which means developing your own title.

Step 3 – Does the plan outline how you propose to fulfil the required outcomes?

Your plan should outline how your dissertation will meet the required outcomes, it is a good way of checking that your title will enable you to research and write a good dissertation.

 Does your Executive Summary outline your conclusion about the question raised in your title, based on your initial research? Your Executive Summary should briefly outline your conclusion to the question posed in your title. This conclusion should be based on your analysis of information collected in your initial research (note you can change your view if later detailed research leads you to an alternative conclusion).
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 Have you outlined the key aspects of the current issue or development based on your initial research? You will need to show that you understand what the issues are and some critical awareness of the potential impact and possibly bias in sources. (If you have misunderstood the issues then this can be picked up here by your reviewer).

 Have you outlined intended focus and critical analysis? You should outline how your research and analysis will support the conclusion outlined in the executive summary.

Step 4 – Does the Methodology section clearly outline how you propose to undertake the required research?

The more detailed you can make the Methodology section; the more likely you are to get feedback from your reviewer on whether your selected resources are appropriate.

The Library has produced a guide to using resources for your Professional Practice Dissertation that will let you know what sources the University provides and how to access these. This guide can be accessed through the Library portal on ELITE.

A key point to remember is that you need to go beyond case law and legislation to consider the impact of changes. In particular, you should be looking at practitioner guides, legal journals and practice journals like Practical Law Company. You should also consider comments from relevant professional organisations (both legal and commercial), like the SRA along with commentary by government organisations like BIS. You should make use of free online information but do note the credibility of these sources and the extent to which they are subject to scrutiny.

Remember the more detail you provide on sources the more feedback you will get as to the quality of these wider sources. Do remember that part of the outcome of the dissertation is for you to demonstrate that you can critically evaluate the research of others.

Having completed the above check, now submit your proposal form and get researching!

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APPENDIX 6

ASSESSMENT CRITERIA

Fail (0 – 49%)

 Exhibits some knowledge but little understanding, limited evidence of research or appropriate reading.  Primarily descriptive and/or contains irrelevant material.  Poor spelling or other grammatical errors.

Pass (50 – 59%)

 Illustrates satisfactory knowledge, application and comprehension but may lack consistency throughout.  Material generally relevant to the task although there may be some inappropriate and/or irrelevant material included.  The main points are clearly and effectively expressed although some points/arguments may be poorly expressed, illogically structured and/or based on unjustified conclusions.  Some evidence of deeper research skills, reflection and independent judgment.  Demonstrates some ability to analyse, think critically and synthesise ideas but will occasionally make logical errors.

Commendation (60-69%)

 Illustrates good knowledge, application and comprehension.  Material is predominantly relevant to the task although there may be some minor, non-fundamental omissions/irrelevancies.  There is clear evidence of good presentation skills, logically structured arguments and a consistently high level of ability to make points clearly and effectively.  Evidence of a good depth and breadth of research and reflection as well as a degree of soundly exercised independent judgement.  Demonstrates a clear ability to analyse, think critically and synthesise ideas, but may sometimes reach simplistic or unjustified conclusions.

Distinction (70 – 100%)

 Illustrates extensive background reading and research appropriate to the task.  Material wholly relevant to the task.  Illustrates a clear understanding of the interrelationship of different legal concepts, commercial considerations, integration of practitioner skills where appropriate, tactics and case-analysis, and contains strong critical and analytical evaluation of material using a wide variety of sources.
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 A degree of originality of thought is likely to be evident in relation to the analysis and reflection on the resolution of client’s needs and problems.  Excellently presented in terms of structure and professional style.

Version History Version Published Main amendments 1 July 2013 2 September 2013 Clarification of deemed opt out if no PPD and no concession submitted on 2nd submission dates. Amendments made to 2.4.1, 6.2, 6.3 and Appendix 4 to reflect this. 3 September 2014 Extensive rewrite to clarify outcomes and process.

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