Details
- Fills a gap for a practical work on fraud that focuses on civil law claims and remedies
- Brings together in one volume all the reference sources of debate and current thinking on this topic
- Provides a detailed treatment of difficult topics such as unjust enrichment and conflict of laws
- Practical guidance on important procedural elements such as injunctions and disclosure
The book provides clear and practical guidance on the complex issues that arise in commercial fraud claims. By bringing together all current sources of legal thinking the author presents a coherent and readily accessible guide for the busy practitioner.
Setting the scene with a discussion of the types of relationship which give rise to liability, including fiduciary relationships, the author then examines the liability of those who receive the proceeds of fraud. He considers the meaning of 'knowing receipt' and the nature of claims for unjust enrichment and constructive trusts.
The work examines the availability of proprietary relief in the context of commercial fraud and assesses how best to apply the rules on tracing through modern means of money transfer such as BACS and CHAPS. McGrath concludes with a discussion of tracing, conflict of laws and procedure.
Readership: Barristers, solicitors and academics interested in fraud, unjust enrichment and tracing, in the UK and Commonwealth.
I:Fraud-Overview
1: Overview
II: Fraud at common law
2: Deceit
III: Receipt0based liability
3: Unjust Enrichment
4: Conversion
IV: Receipt-based liability - In Equity
5: Knowing Receipt
6: Constructive trusts: Overview
7: Consturctive trusts: Unconscionable Conduct
8: Constructive trusts: Abuse of Fiduciary Position
V: Statutory Liability
9: Overview
10: Transfers at an Undervalue
11: Transactions defrauding creditors
12: Preferences
13: Miscellaneous
VI: Multi-Party Liability
14: Conspiracy
15: Inducing a breach of contract
16: Dishonest Assistance
17: Bribery
VII: Conflict of Laws
18: Conflict of Laws: Overview
19: Conflict of Laws: Jurisdiction
20: Choice of Law
VIII: Tracing, Disclosure and Injunctions
21: Tracing
22: disclosure
23: Search Orders
24: Freezing, Proprietary and Interim Injunctions
Paul McGrath, Barrister, Essex Court Chambers
"To any lawyer working in the field: this book is your scythe. It is utterly excellent. I have already found it indispensable. Any civil fraud lawyer should be sure it is within easy reach. Expand the library budget if needs be but do not be without it" - Louis Flannery, New Law Journal
"Paul McGrath excels with this practitioners' work which does a sterling job of elucidating an exceedingly complex and tangled area of law" - Phillip Taylor, The Barrister
"This book is written by a very practical lawyer, with great knowledge of his subject, for use in practice by other lawyers. All lawyers will find it invaluable when considering how to frame and pursue a fraud claim. " - John Fordham, head of commercial litigation, Stephenson Harwood
"Paul McGrath's Commercial Fraud in Civil Practice provides readers with an exceptionally clear treatment of a very wide-ranging area of law. Whilst the book is primarily intended for practitioners; legal academics and law students will also benefit immensely from its careful and thorough treatment of the law on unjust enrichment, constructive trusts, tracing, third party liabilities arising out of a breach of trust, and tortious liabilities arising out of dishonest behaviour. Commercial Fraud in Civil Practice is amazingly easy to read, and consistently insightful and stimulating in its discussion of the areas of law that it covers. It is destined to become a primary and indispensable reference work for anyone interested in Equity, unjust enrichment, or tort law. It is an exceptional achievement in the field of legal writing. " - Nick McBride, Pembroke College, Cambridge
"This book is to be welcomed as a refreshing and original contribution to a multi-faceted and difficult area of law and practice. There is plenty of interesting and useful material for practitioners on both sides of the border" - Angus Glennie, Court of Session, Edinburgh Law Review, Vol 14
