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This 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.
The book is comprehensive and practical, focusing on civil law claims and remedies. It covers all aspects of international commercial fraud litigation, ranging from conflict laws, pre-emptive remedies (e.g. freezing orders, interim receivers, Norwich Pharmacal Orders), to tracing assets.
The work 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, and explains sanctions for non-compliance or contempt. Practical guidance on important procedural elements in areas such as injunctions and disclosure is also provided.
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 break of fiduciary duty.
Covering all aspects of international commercial fraud litigation, this book is an essential reference for all practitioners and scholars interested in fraud, unjust enrichment, private international law and tracing.
Table of Contents
Part I - Overview 1. What is 'Fraud'? 2. Fraud in Criminal Law 3. Fraud in Civil Law Part II - Tactics and Strategies 4. Choosing the Appropriate Jurisdiction 5. Choosing the Appropriate Claims Part III - Substantive Claims 6. Deceit and Misrepresentation 7. Receipt-Based Liability: Personal Claims 8. Receipt-Based Liability: Proprietary Claims 9. Multi-Party Liability 10. Statutory Liability for Wrongful Transfers Part IV - Pre-emptive Relief 11. Disclosure 12. Search Orders 13. Freezing and Proprietary Injunctions 14. Interim Injunctions 15. Receiver 16. Contempt and Other Sanctions for Non-Compliance Part V - Identifying Assets 17. The Law and Practice of Trading 18. Sham Transactions 19. Asset Protection Trusts 20. Assets held by nominees or third parties 21. Lifting the Corporate Veil Part VI- International Elements: Conflict of Laws 22. Overview 23. Jurisdiction 24. Choice of Law Appendices Precedents