Commercial Fraud in Civil Practice, 2nd Edition
- The only book to bring together all the elements of law and practice that must be considered by commercial fraud litigators
- Contains substantial treatment of the use and abuse of trusts in commercial fraud
- User-friendly approach includes a summary of critical elements at the start of each chapter
- This new edition includes a substantially updated treatment of injunctions and over five new chapters including discussion on lifting the corporate veil
New to this edition
- New chapters include: Contempt of Court, Interim Receivers, Lifting the Corporate Veil, Sham Trusts, Proprietary Claims, and Rome II on Non-Contractual Obligations
- All chapters have been the subject of substantial updating
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.
Readership: Barristers, solicitors and academics interested in fraud, unjust enrichment, private international law and tracing, in the UK, Commonwealth and offshore jurisdictions.