Commercial Fraud in Civil Practice

Paul McGrath QC (Essex Court Chambers)

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English

Oxford University Press
20 March 2014

Private international law & conflict of laws; Commercial law; Financial law; Banking law

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.

By: Paul McGrath QC (Essex Court Chambers)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 248mm, Width: 176mm, Spine: 56mm
Weight: 1.692kg
ISBN: 9780199645992
ISBN 10: 019964599X
Pages: 912
Publication Date: 20 March 2014
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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 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.

Reviews for Commercial Fraud in Civil Practice

It takes many years to begin to understand how those various fields can be used to give a client or a student an overall picture and framework. This book goes far to collate into one bible the missing pieces of blue sky in a proverbial jigsaw puzzle of fraud. Many reading this book will be embarrassed to learn of remedies they never knew were available. Many of the topics covered are not just things one learns during an undergraduate degree course in law, or at law school. Perhaps during a continual professional developments course you may experience a glimpse of such concepts, but nothing as good as this book. * Professor David Rosen International Company and Commercial Law Review * 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; cliches are analysed; platitudes are destroyed. * Andrew Smith, Royal Courts of Justice *