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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, James Sheehan

ISBN13: 9780414039445
To be Published: August 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £210.00



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.

Subjects:
Criminal Law
Contents:
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