Commercial Fraud in Civil Practice

The second edition builds on the excellent reputation earned by the first as a comprehensive and practical work focussing on civil law claims and remedies. Its aim is to provide clear answers for practicioners whilst being willing to tackle some of the more complex and difficult areas such as proprietary remedies. The book covers all aspects of international commercial fraud litigation, ranging from issues of conflict laws, pre- emptive remedies (e.g. freezing orders, interim receivers, Norwich Pharmacal Orders), contentious insolvency litigations, to tracing assests. The book also covers substantive claims in areas such as trusts/ equity, contract, tort, restitution, company law and insolvency, as well as challenging asset protection devices in sham trusts and lifting the corporate veil, along with sanctions for non- compliance or contempt. Practical guidance on important procedural elements such as injunctions and disclosure is also provided. Detailed treatment of difficult topics such as unjust enrichment and conflict of laws is included and the new edition considers the impact of the Rome I and Rome II Regulations governing contractual and non- contractual obligations concerning choice of law issues. It also examines all relevant new case law such as Sinclair v Versailles concerning the impact on the right to obtain a proprietary claim in respect of a breach of fiduciary duty. The book draws together the disparate areas of the law that must be considered by commercial fraud litigators making a single and accessible reference source for practitioners and scholars.

Auteur

Paul McGrath QC specialises in international commercial fraud litigation both before the UK Courts and Courts of various off-shore jurisdictions. His expertise spans banking law, equity, restitution, tort, company and insolvency law as well as challenging off-shore discretionary trusts and other devices for disguising true ownership of assets.

Contenu

Part I - Overview; 1 What is 'Fraud'?; 2 Fraud in Criminal Law; 3 Fraud in Civil Law; Part II - Tactics and Strategies; 4 Choosing the Appropriate Jurisdiction; 5 Choosing the Appropriate Claims; Part III - Substantive Claims; 6 Deceit and Misrepresentation; 7 Receipt-Based Liability: Personal Claims; 8 Receipt-Based Liability: Proprietary Claims; 9 Multi-Party Liability; 10 Statutory Liability for Wrongful Transfers; Part IV - Pre-emptive Relief; 11 Disclosure; 12 Search Orders; 13 Freezing and Proprietary Injunctions; 14 Interim Injunctions; 15 Receiver; 16 Contempt and Other Sanctions for Non-Compliance; Part V - Identifying Assets; 17 The Law and Practice of Trading; 18 Sham Transactions; 19 Asset Protection Trusts; 20 Assets held by nominees or third parties; 21 Lifting the Corporate Veil; Part VI- International Elements: Conflict of Laws; 22 Overview; 23 Jurisdiction; 24 Choice of Law; Appendices; Precedents