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Commercial Fraud in Civil Practice

Commercial Fraud in Civil Practice

Name: Commercial Fraud in Civil Practice
Brand: Oxford University Press
SKU: 9780199290574
Price: 2269.80 HKD
Availability: OutOfStock
Author: Paul McGrath QC.
ISBN: 9780199290574

By Paul McGrath QC.

Oxford University Press December 2008

Specifications

ISBN-13: 9780199290574
Publisher: Oxford University Press
Publication: December 2008
Format: Hardback , 744 pages
Jurisdiction: U.K. ? Countri(es) for reference only

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

About the Author

Paul McGrath, Barrister, Essex Court Chambers

Reviews

"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