Civil Fraud: Law, Practice and Procedure, 1st Edition with 1st Supplement | 2022


Civil Fraud: Law, Practice and Procedure, 1st Edition with 1st Supplement By Thomas Grant, David Mumford 

Author Thomas Grant, David Mumford 
Publication Date May 2022
ISBN 9780414088412
Format Hardcover Mainwork + Softcover 1st Supplement
Publisher Sweet & Maxwell

Civil Fraud: Law, Practice, and Procedure is intended to be the first stop for anyone working on a civil fraud case. It takes a thorough approach to the issue, combining in-depth legal analysis with a solidly practical approach.

The authors focus throughout on the real-life scenarios which litigants in this field routinely experience and give useful counsel on the complicated practical and procedural concerns which might emerge.

The book opens with a study of frequent factual and legal issues in a fraud case, which can be difficult to traverse even for the most experienced litigators. The rest of the essay explores the legal, practical, and procedural difficulties that arise from such situations.

The authors bring together the different areas of the law that come under the title "fraud," from substantive causes of action – common law, restitutionary and equitable claims, and claims emerging under legislation – to remedies, building on a wealth of experience in litigating fraud cases. It covers the complete range of procedural swords and shields available in fraud action, including freezing orders, proprietary and other injunctions, search warrants, receivership, ancillary orders, and the increasingly popular contempt jurisdiction.

The First Supplement completely updates the law since the First Edition, taking into account important decisions made in cases like Convoy Collateral v. Broad Idea in the Privy Council (jurisprudential basis for freezing and Chabra injunctions), Racing Partnership in the Court of Appeal (illegal means conspiracy), Wood v. Commercial First in the Court of Appeal (bribery and secret commissions), and Rembrandt in the Court of Appeal (test for inducement in deceit), as well as the new Supreme Court precedent.

TABLE OF CONTENTS of Civil Fraud: Law, Practice and Procedure

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


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SKU: 3025614399 ISBN: 9780414088412

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