Yr Athro Michael Draper

• The Importance of Minority Shareholder Protection : A Comparative Analysis of Derivative Claim in England and Wales and Derivative Action in Nigeria and Unfair Prejudicial Petition under both Jurisdictions. (dyfarnwyd 2023)

  PhD

  Goruchwyliwr arall: Dr Shuangge Wen

  Goruchwyliwr arall: Dr Caroline Jones

• LA-367 Equity & Trusts for Graduate Diploma in Law

  This module examines the key principles and doctrines of equity and focuses, in particular, on the trust which is equity's most important creation. Every well-developed legal system seeks to enable property or funds to be held by one party, either for the benefit of another, or be applied towards the attainment or promotion of various purposes and to enforce certain obligations against the party holding such property. The trust is the vehicle through which this is done under English law.

• LA-369A Coursework 1 & 2 for Graduate Diploma in Law

  The module is personal study, by which students submit two pieces of coursework from either LA-362, LA-365 or LA-366 or La-361, LA-367 or LA-368.

• LAA203 Land Law 2

  This module aims to cultivate a deeper understanding of the law of England and Wales relating to estates and interests in land and their creation and protection. Particular attention is paid to easements, mortgages and registration of title.

• LAA203C Cyfraith Tir 2

  Nod y modiwl hwn yw meithrin dealltwriaeth ddyfnach o gyfraith Cymru a Lloegr mewn perthynas ag ystadau a buddiannau mewn tir, eu creu a'u hamddiffyn. Bydd sylw penodol yn cael ei dalu i brydlesi, cyfamodau, hawddfreintiau a morgeisi. This module aims to cultivate a deeper understanding of the law of England and Wales relating to estates and interests in land and their creation and protection. Particular attention is paid to leases, covenants, easements, and mortgages.

• LAA209 Equity & Trusts 2

  Equity is a word with many meanings. For lawyers, it refers to the branch of law that historically developed and operated alongside the common law before the two systems merged in the Victorian era by virtue of the Judicature Act of 1873. Equity is old and yet younger than the common law; its emergence was necessary to `remedy the rigours¿ of the legal system that was established by the Norman conquerors and famously refined by Henry II. On this course we are going to investigate the jurisdiction of Equity through its greatest progeny, the Trust. Succinctly put, a trust is a means of managing property, whereby title to the property is split. At its simplest, one person receives legal title (this person is known as ¿the trustee¿), and another person receives equitable title (this person is known as ¿the beneficiary¿). In Equity & Trusts 2 we continue to learn about the trust concept by analysing the jurisprudence surrounding resulting and constructive trusts, also known as implied trusts. In the final two ¿units¿ of this course we explore the nature of ¿trusteeship¿ by assessing the non-fiduciary and fiduciary duties that trustees owe to their beneficiary or principal, respectively.

• LAA231 Land Law 2

  This module aims to cultivate a deeper understanding of the law of England and Wales relating to estates and interests in land and their creation and protection. Particular attention is paid to easements, freehold covenants, mortgages and leases.

• LAA231C Cyfraith Tir 2

  This module aims to cultivate a deeper understanding of the law of England and Wales relating to estates and interests in land and their creation and protection. Particular attention is paid to easements, freehold covenants, mortgages and leases.

• LAA336 Company Law: Incorporation, Constitution and Control

  This module will introduce the registered company as a unique legal and business entity, distinguishing it from other forms of business organisation such as the sole trader and the partnership. It will consider the nature and implications of the company as a specific creature of statute and, therefore, a legal person separate from its members and officers. The module will also clarify the legal procedures necessary for the formation of the registered company, the fiduciary duties of those who take it upon themselves to form such companies and the contents and contractual nature of the company¿s constitution. It will round off by discussing the role and duties of those who have the primary responsibility for managing the company¿s affairs, the board of directors.

• LAA337 Company Law: Governance, Rights and Liquidation

  This module builds upon matters introduced in the first module ¿ Company Law 1 ¿ which is a pre-requisite for this one. The module will clarify the principles and structures of corporate governance, the concept of separation of ¿ownership¿ and ¿control¿ of the company and the rationale of the division of powers between the board of directors and the shareholders in general meeting. It will explain the distinction between the rights of members and the rights of the company as a separate legal person, as well as the rules governing the processes by which these may be protected. It will consider the consequences of disqualification for errant directors whose conduct may render them unfit to be engaged in the management of companies generally, and will also look at the role and responsibilities of other important officers of the company, such as the company secretary and auditors. Finally the module will deal with the process by which a company may be wound up and its existence brought to an end, paying particular attention to the role of the liquidator and the distribution of the assets of the company.

• LALM04 Property Practice

  The aim of this module is to enable students to appreciate the nature of a Conveyancing transaction, to be able to identify and deal with the steps in that transaction and gain experience through practical exercises of conducting a property transaction through the appropriate stages from taking instructions to completion and post-completion matters and considering any relevant planning considerations. Students will also consider the grant of a business lease of a warehouse on a small industrial estate and of offices forming part of a larger building, and the remedies available in connection with a breach of covenant and security of tenure.

• LANM04 Property Practice

  The aim of this module is to enable students to appreciate the nature of a Conveyancing transaction, to be able to identify and deal with the steps in that transaction and gain experience through practical exercises of conducting a property transaction through the appropriate stages from taking instructions to completion and post-completion matters and considering any relevant planning considerations. Students will also consider the grant of a business lease of a warehouse on a small industrial estate and of offices forming part of a larger building, and the remedies available in connection with a breach of covenant and security of tenure.

• LAPM04 Property Law and Practice

  The aim of this module is to enable students to appreciate the nature of a Conveyancing transaction, to be able to identify and deal with the steps in that transaction and gain experience through practical exercises of conducting a property transaction through the appropriate stages from taking instructions to completion and post-completion matters. In the context of a sale residential property and purchase of a property with development potential students will learn to undertake the tasks relating to the sale and purchase of freehold property (in both registered and unregistered land). The module will then move onto consider using case studies particular issues that arise from the sale of part of land in a freehold title and the grant and assignment of a leasehold estate in land with reference being made to Commonhold tenure. Students are introduced to the fundamental principles of Property Law & Practice (`PLP¿) in 3 large group sessions (LGS) on the Foundation Course and a further 15 large group and 18 small group sessions (SGS) 54 class contact hours (18 weeks x 3 hours) are devoted to PLP which is taught in one LGS of 1 hour duration and 1 SGS of 2 hours duration in its normal pattern outside of the Foundation Course. The overriding objective of the PLP module is to build up knowledge and confidence in respect of property transactions so that upon completion of the module a student can conduct straightforward property transactions with the minimum of supervision. PLP small group sessions will be conducted on a transactional basis. Students in each small group are allocated to a team and each team acts on a sale of residential property and a purchase of property with development potential, from taking initial instructions through to post completion of the transactions. Students will be required to maintain separate transaction files for the sale and purchase including client account ledgers.

• LAPM14 Business Leases

  The expression "business tenancy" is commonly used to refer to a tenancy of premises used for the purposes of a business. The premises may be a building, part of a building or even open land, used for example as a haulage depot. Business in this context however does not include agriculture, where a different set of rules and customs applies. In many ways the law relating to business tenancies is the same as for any other type of tenancy. It is however convenient to consider business tenancies as a module in their own right. One key distinction between business tenancies and other tenancies is that with a business tenancy the tenant normally has the right to apply to the county court for the grant of a new lease at the end of his term. The relationship between landlord and tenant is likely to subsist for a number of years. It is therefore an important one. The tenant will want to know where he stands and to know that the obligations which the lease imposes on him are reasonable. The landlord's interest is to make sure that his rental income is secure and that the value of his property is preserved. He will not want to see the premises deteriorate. However complex, every business lease will have to deal with a number of basic points and these include:- ¿ Identification of the parties, i.e. who is the landlord and who is the tenant. ¿ The amount of rent ¿ The lease must identify the tenant's repairing obligations. Is the tenant to repair the whole of the building or simply the interior? In buildings which are let out as parts, say floors of an office building or shops in a shopping centre, each tenant may maintain the interior of his own unit but the landlord may maintain the structure of the building but recharge the cost of so doing to the tenants through a service charge. ¿ The tenant's obligations to decorate the premises will be set out. ¿ Leases will normally state whether the tenant can alter the premises and if so whether the landlord's consent is needed for some or all types of alterations. ¿ The lease will normally restrict the purposes for which the property can be used. ¿ The lease will deal with who must insure the premises and whether, if the landlord insures, the tenant reimburses the landlord the cost. ¿ The lease must deal with rent review, the periodic review of the rent during the term of the lease, usually to market value with a dispute resolution procedure. ¿ Nearly every lease will allow the landlord to "forfeit" (that is cancel) the lease if the tenant fails to pay the rent or observe its obligations under the lease. In practical terms the operation of this type of covenant is subject to restrictions imposed by law. This module involves the running of transactional files based upon a two fact patterns. Students will act on the grant of a business lease of a warehouse on a small industrial estate and the grant of a business lease of offices forming part of a larger building. Both leases will be drafted following the taking of instructions and negotiated through to completion. The fact patterns will then used to consider registration and post completion matters, remedies in connection with a breach of covenant and security of tenure under the Landlord and Tenant Act 1954 Part II. This module builds on the final sessions of the core practice area of PLP in which the grant and assignment of a residential lease are considered. The basic principles of Landlord and Tenant Law introduced in those sessions are expanded upon and developed in this module.

• LAPM19 Course Skills

  Skills are essential and integral to the course. Skills appear throughout the course and will be practised and developed in both the compulsory and elective sections of the LPC. Students are assessed throughout the course on a number of key skills. However, before they are assessed and have plenty of opportunity to learn and practise the skills required. This is through formal class contact (in the introductory block, or in the individual subjects), in their own practice time, their own reading and through supervised practice, where they informally practise skills with staff who give them feedback

• LAPM19B Course Skills (B)

  Skills are essential and integral to the course. Skills appear throughout the course and will be practised and developed in both the compulsory and elective sections of the LPC. Students are assessed throughout the course on a number of key skills. However, before they are assessed and have plenty of opportunity to learn and practise the skills required. This is through formal class contact (in the introductory block, or in the individual subjects), in their own practice time, their own reading and through supervised practice, where they informally practise skills with staff who give them feedback

• LAQ331 Land Law 2

  This module aims to cultivate a deeper understanding of the law of England and Wales relating to estates and interests in land and their creation and protection. Particular attention is paid to easements, freehold covenants, mortgages and registration of title.

• Cyfarwyddwr y Cwrs Ymarfer Cyfreithiol/Athro Cysylltiol, Prifysgol Abertawe

  2004 - Presennol

• Uwch Ddarlithydd yn y Gyfraith, Lancashire Law School

  1995 - 2004

• Epigeum Project – University Success 2015 - 2017

  , with staff o ar draws Prifysgol Abertawe

Cadeirydd, Rheoliadau'r Brifysgol a'r Bwrdd Achosion Myfyrwyr, 2015 - Presennol

Cadeirydd, Grŵp Defnyddwyr Adborth Modiwlau'r Brifysgol, Prifysgol Abertawe, 2014 - Presennol

Cyfarwyddwr, LlM Ymarfer Cyfreithiol a Drafftio Uwch, Prifysgol Abertawe, 2014 - Presennol

Cadeirydd Cynwysoldeb Academi Abertawe a Llwyddiant Dysgwyr, Prifysgol Abertawe, 2014 - Presennol

Arweinydd Coleg Academi Abertawe Cynwysoldeb a Chymorth i Ddysgwyr, Ysgol y Gyfraith, 2013 - Presennol

Arweinydd Ysgol ICWS, Ysgol y Gyfraith, 2009 – Presennol

Deon Cyswllt, Bwrdd Academaidd (PGT), Prifysgol Abertawe, 2008 - 2015

Aelod o'r Senedd/Cynrychiolydd Senedd Etholedig i'r Brifysgol, Prifysgol Abertawe, 2008 - Presennol

Cyfarwyddwr y Cwrs Ymarfer Cyfreithiol, Ysgol y Gyfraith, 2004 - 2015

Cyfarwyddwr CAB Ltd, y Bwrdd Ceisiadau Canolog, 2014 - Presennol

Cyfarwyddwr, Bwrdd Ceisiadau Canolog, 2014 - Presennol

Prif Gymrawd, Academi Addysg Uwch, 2013 - Presennol

Aelod o Bwyllgor Cymru, Cymdeithas y Cyfreithwyr, 2012 - Presennol

Aelod o'r Cyngor, Bwrdd Ceisiadau Canolog, 2010 - Presennol