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Civil Fraud: Law, Practice and Procedure (Mainwork + 1st Supplement)

Civil Fraud: Law, Practice and Procedure (Mainwork + 1st Supplement)

作者： Thomas Grant, James Sheehan
出版商： Sweet & Maxwell U.K.
ISBN: 9780414088412
出版时间 June 2022
规格： Hardback + Paperback , 1240 pages
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

List Price: ￥3,739.20

￥3,364.90 Save ￥374.30 (10%)

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Civil Fraud: Law, Practice and Procedure is designed to be the primary port of call for all practitioners conducting a civil fraud case. It deals with the subject in a comprehensive manner, combining in-depth legal analysis with a practical approach. The authors focus throughout on the real-life situations which litigants in this area regularly encounter and offer effective guidance on the complex practical and procedural issues which can arise.

The First Supplement brings the book up to date with the addition of new case law and legislation.

The book starts with an examination of common factual and legal scenarios in a fraud case, which can be difficult to navigate even for the most experienced litigators. The remainder of the text develops the legal, practical and procedural issues flowing from such scenarios.

The authors, drawing on a wealth of experience in litigating fraud claims, bring together the disparate areas of the law that fall under the label “fraud”, from the substantive causes of action – common law, restitutionary and equitable claims and claims arising under statute – through to remedies.

The book provides a full and comprehensible treatment of the myriad procedural swords and shields which can be used in fraud litigation, including freezing orders, proprietary and other injunctions, search orders, receivership, ancillary orders and the increasingly-used contempt jurisdiction. It also considers the key international aspects of civil fraud litigation. This is a primary ‘single source’ point of reference which avoids the need to navigate a whole series of texts in a field where practitioners often work under considerable time pressure.

Civil Fraud: Law, Practice and Procedure works as a road map to take the practitioner from the moment of initial instructions through to a completed legal and practical analysis, whether at the various interlocutory stages, or at trial.

The book covers the types of claim that arise when a party has been the victim of fraudulent conduct:
- Presents a combination of an in-depth analysis of the relevant law, drawing on a wide variety of different causes of action and focused on the issues and problems which litigants encounter in practice
- A practical guide to those procedural steps parties can take and the practical challenges they face
- Gives full guidance on the competing legal principles and the potential future direction of the law
- Advises on how best to approach common fraud factual scenarios
- Investigates difficult or developing areas of law, such as in relation to proprietary claims or the principle of piercing the corporate veil
- Offers guidance relevant to their case, whether this is in terms of the way in which a fraud case should be presented legally or how applications for early interim remedies should best be made or resisted
- Guides the busy practitioner to help them translate the fact pattern with which they are presented in their instructions into the correct legal framework
- Maps fact patterns commonly encountered into causes of action that might be pleaded and relief that might be sought in respect thereof and a mechanism which gives the reader a road map from factual instructions to completed legal analysis
- Draws together the disparate areas of the law that “fraud” covers - encompassing breach of contract, tort, equitable claims and restitution, not to mention the international and procedural aspects with which the practitioner has to be familiar
- Covers international litigation look at the practical mechanics of enforcing a civil fraud claim overseas - the gathering of evidence from overseas, overseas witnesses and enforcement of judgments overseas
Chapter 1: Deceit
Chapter 2: Conspiracy
Chapter 3: Inducing Breach of Contract
Chapter 4: Unlawful Interference
Chapter 5: Intimidation
Chapter 6: Malicious Falsehood
Chapter 7: Bribery
Chapter 8: Conversion
Chapter 9: Establishing a Trust
Chapter 10: Breach of Trust
Chapter 11: Fiduciary Duties
Chapter 12: Knowing Receipt
Chapter 13: Dishonest Assistance
Chapter 14: Unjust Enrichment
Chapter 15: Undue Influence and Duress
Chapter 16: Statutory Claims
Chapter 17: An Introduction to the Key Concepts
Chapter 18: Piercing the Corporate Veil
Chapter 19: Attribution
Chapter 20: Joint Liability in Tort
Chapter 21: Damages
Chapter 22: Equitable Remedies: Rescission, Account of Profits, Compensation and Forfeiture
Chapter 23: Equitable Proprietary Claims
Chapter 24: Illegality
Chapter 25: Limitation
Chapter 26: Section G: Interim Remedies – The Court’s Powers to Grant Interim Relief
Chapter 27: The Without Notice Application
Chapter 28: Freezing and Proprietary Injunctions
Chapter 29: Disclosure Orders
Chapter 30: Search Orders
Chapter 31: Other Interim Remedies
Chapter 32: The Return Date
Chapter 33: Receivership
Chapter 34: Proving a Claim in Fraud: Evidence and Other Trial Issues
Chapter 35: Contempt of Court
Chapter 36: Other Sanctions for Procedural Default
Chapter 37: Enforcement of Judgments
Chapter 38: Setting Aside a Judgment for Fraud
Chapter 39: Jurisdiction Issues
Chapter 40: Conflict of Laws

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