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Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414039445
  • 出版时间 November 2018
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    Civil Fraud: Law, Practice & 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 solidly 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 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. It provides a full and comprehensible treatmentof 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.

    The book 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 & 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.

  • 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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