9780199645992

Commercial Fraud in Civil Practice

by
  • ISBN13:

    9780199645992

  • ISBN10:

    019964599X

  • Edition: 2nd
  • Format: Hardcover
  • Copyright: 5/20/2014
  • Publisher: Oxford University Press
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Supplemental Materials

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Summary

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

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