Commercial Fraud in Civil Practice

Hardcover | April 20, 2014

byPaul Mcgrath

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This 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.The book is comprehensive and practical, focusing on civil law claims and remedies. It covers all aspects of international commercial fraud litigation, ranging from conflict laws, pre-emptive remedies (e.g. freezing orders, interim receivers, Norwich Pharmacal Orders), to tracing assets. The work 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, and explains sanctions for non-compliance or contempt. Practical guidance onimportant procedural elements in areas such as injunctions and disclosure is also provided.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 claimin respect of a break of fiduciary duty. Covering all aspects of international commercial fraud litigation, this book is an essential reference for all practitioners and scholars interested in fraud, unjust enrichment, private international law and tracing.

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This 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.The book is comprehensive and practical, focusing on civil law claims and remedies. It covers all aspects of international commercial fraud litiga...

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...

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Format:HardcoverDimensions:974 pages, 9.69 × 6.73 × 0.98 inPublished:April 20, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019964599X

ISBN - 13:9780199645992

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Table of Contents

Part I - Overview1. What is 'Fraud'?2. Fraud in Criminal Law3. Fraud in Civil LawPart II - Tactics and Strategies4. Choosing the Appropriate Jurisdiction5. Choosing the Appropriate ClaimsPart III - Substantive Claims6. Deceit and Misrepresentation7. Receipt-Based Liability: Personal Claims8. Receipt-Based Liability: Proprietary Claims9. Multi-Party Liability10. Statutory Liability for Wrongful TransfersPart IV - Pre-emptive Relief11. Disclosure12. Search Orders13. Freezing and Proprietary Injunctions14. Interim Injunctions15. Receiver16. Contempt and Other Sanctions for Non-CompliancePart V - Identifying Assets17. The Law and Practice of Trading18. Sham Transactions19. Asset Protection Trusts20. Assets held by nominees or third parties21. Lifting the Corporate VeilPart VI- International Elements: Conflict of Laws22. Overview23. Jurisdiction24. Choice of LawAppendicesPrecedents