Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

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Published: November 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Author: Thomas Grant, David Mumford 

Wildy's Book of the Month: November 2018

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.


Commercial Law
Chapter 1: Deceit
Chapter 2: Conspiracy
Chapter 3: Inducing Breach of Contract
Chapter 4: Unlawful Interference
Chapter 5: Intimidation
Chapter 6: Malicious Falsehood
Chapter 7: Bribery
Chapter 8: Conversion
Chapter 9: Establishing a Trust
Chapter 10: Breach of Trust
Chapter 11: Fiduciary Duties
Chapter 12: Knowing Receipt
Chapter 13: Dishonest Assistance
Chapter 14: Unjust Enrichment
Chapter 15: Undue Influence and Duress
Chapter 16: Statutory Claims
Chapter 17: An Introduction to the Key Concepts
Chapter 18: Piercing the Corporate Veil
Chapter 19: Attribution
Chapter 20: Joint Liability in Tort
Chapter 21: Damages
Chapter 22: Equitable Remedies: Rescission, Account of Profits, Compensation and Forfeiture
Chapter 23: Equitable Proprietary Claims
Chapter 24: Illegality
Chapter 25: Limitation
Chapter 26: Section G: Interim Remedies – The Court’s Powers to Grant Interim Relief
Chapter 27: The Without Notice Application
Chapter 28: Freezing and Proprietary Injunctions
Chapter 29: Disclosure Orders
Chapter 30: Search Orders
Chapter 31: Other Interim Remedies
Chapter 32: The Return Date
Chapter 33: Receivership
Chapter 34: Proving a Claim in Fraud: Evidence and Other Trial Issues
Chapter 35: Contempt of Court
Chapter 36: Other Sanctions for Procedural Default
Chapter 37: Enforcement of Judgments
Chapter 38: Setting Aside a Judgment for Fraud
Chapter 39: Jurisdiction Issues
Chapter 40: Conflict of Laws