
Commercial Fraud in Civil Practice
Paul McGrath QC(Author)
Oxford University Press
2nd Edition
Published on 20. March 2014
Book
Hardback
912 pages
978-0-19-964599-2 (ISBN)
Description
The second edition builds on the excellent reputation earned by the first as a comprehensive and practical work focussing on civil law claims and remedies. Its aim is to provide clear answers for practicioners whilst being willing to tackle some of the more complex and difficult areas such as proprietary remedies. The book covers all aspects of international commercial fraud litigation, ranging from issues of conflict laws, pre- emptive remedies (e.g. freezing orders, interim receivers, Norwich Pharmacal Orders), contentious insolvency litigations, to tracing assests.
The book 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, along with sanctions for non- compliance or contempt. Practical guidance on important procedural elements such as injunctions and disclosure is also provided.
Detailed treatment of difficult topics such as unjust enrichment and conflict of laws is included and 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 breach of fiduciary duty.
The 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 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, along with sanctions for non- compliance or contempt. Practical guidance on important procedural elements such as injunctions and disclosure is also provided.
Detailed treatment of difficult topics such as unjust enrichment and conflict of laws is included and 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 breach of fiduciary duty.
The 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.
Reviews / Votes
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 * Nobody familiar with Paul McGrath's work as a practitioner will be surprised that as an author he does not duck legal difficulties: he engages with them and identifies uncertainties that good lawyers should confront. His observations are always to the point; every chapter has insightful comments; cliches are analysed; platitudes are destroyed. * Andrew Smith, Royal Courts of Justice *More details
Edition
2nd Revised edition
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Edition type
Revised edition
Dimensions
Height: 250 mm
Width: 175 mm
Thickness: 53 mm
Weight
1713 gr
ISBN-13
978-0-19-964599-2 (9780199645992)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Paul McGrath
Commercial Fraud in Civil Practice
E-Book
03/2014
2nd Edition
OUP eBook
€267.99
Available for download
Previous edition

Paul McGrath
Commercial Fraud in Civil Practice
Book
12/2008
Oxford University Press
€241.41
Article exhausted; check for reprint
Person
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.
Content
I. INTRODUCTION; II. SUBSTANTIVE CLAIMS; III. PRE-EMPTIVE RELIEF; IV. INTERNATIONAL ELEMENTS: CONFLICT OF LAWS; INDEX