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

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

Similar books to Civil Fraud: Law, Practice and Procedure: COMMERCIAL LAW