Civil Fraud: Law, Practice and Procedure 2nd ed (eBook)

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.

Civil Fraud is regularly cited in court, most recently in Hopcraft v Close Brothers Limited [2025] UKSC 33.

The new second edition updates the law fully and adds new chapters and material. 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. It provides a full and comprehensible treatment of the myriad procedural swords and shields which can be used in fraud litigation.

Key Features:

• 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