Details
- The only book to bring together all the elements of law and practice that must be considered by commercial fraud litigators
- Contains substantial treatment of the use and abuse of trusts in commercial fraud
- User-friendly approach includes a summary of critical elements at the start of each chapter
- This new edition includes a substantially updated treatment of injunctions and over five new chapters including discussion on lifting the corporate veil
New to this edition
- New chapters include: Contempt of Court, Interim Receivers, Lifting the Corporate Veil, Sham Trusts, Proprietary Claims, and Rome II on Non-Contractual Obligations
- All chapters have been the subject of substantial updating
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.
Readership: Barristers, solicitors and academics interested in fraud, unjust enrichment, private international law and tracing, in the UK, Commonwealth and offshore jurisdictions.
I. Introduction
1: Fraud
II. Substantive Claims
2: Deceit
3: Unjust Enrichment
4: Conversion
5: Knowing or Unconscionable Receipt
6: Constructive Trusts-An Overview
7: Conspiracy
8: Inducing a Breach of Contract
9: Dishonest Assistance
10: Bribery
11: Transfers at an Undervalue
12: Transactions Defrauding Creditors
13: Preferences
14: Miscellaneous
15: Disclosure
16: Tracing
17: Sham Trusts
18: Lifting the Corporate Veil
III. Pre-Emptive Relief
19: Search Orders
20: Freezing Orders
21: Proprietary Injunctions
22: Receivers
23: Practice and Procedure
24: Contempt of Court and other Sanctions
IV. International Elements: Conflict of Laws
25: Jurisdiction
26: Choice of Law
Index
Paul McGrath QC, Essex Court Chambers
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.
"Nobody familiar with Paul McGrath's work as a practitioner will be surprised that as an author he does not duck legal difficulties: he engages with them and identifies uncertainties that good lawyers should confront. His observations are always to the point; every chapter has insightful comments; clichés are analysed; platitudes are destroyed." - Andrew Smith, Royal Courts of Justice
