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Civil Fraud: Law, Practice and 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 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 First Supplement brings the book up to date with the addition of new case law and legislation. 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. The book provides a full and comprehensible treatment of 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. It 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 and 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. The book covers the types of claim that arise when a party has been the victim of fraudulent conduct: