Commercial Fraud in Civil Practice 2nd ed
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.
PART I - INTRODUCTION
PART II - SUBSTANTIVE CLAIMS
II. Substantive Claims
3: Unjust Enrichment
5: Knowing or Unconscionable Receipt
6: Constructive Trusts-An Overview
8: Inducing a Breach of Contract
9: Dishonest Assistance
11: Transfers at an Undervalue
12: Transactions Defrauding Creditors
17: Sham Trusts
18: Lifting the Corporate Veil
PART III - PRE-EMPTIVE RELIEF
19: Search Orders
20: Freezing Orders
21: Proprietary Injunctions
23: Practice and Procedure
24: Contempt of Court and other Sanctions
PART IV - INTERNATIONAL ELEMENTS: CONFLICT OF LAWS
26: Choice of Law