Commercial Fraud in Civil Practice

ISBN-13: 9780199645992 / Angielski / Twarda / 2014 / 912 str.

Paul McGrath Qc

Opis

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.

Recenzje

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

O autorze

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.