- Hardcover: 744 pages
- Publisher: OUP Oxford (4 Dec 2008)
- Language English
- ISBN-10: 0199290571
- ISBN-13: 978-0199290574
- Product Dimensions: 24.8 x 17.2 x 4.4 cm
- Average Customer Review: 4.0 out of 5 stars See all reviews (2 customer reviews)
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Amazon Bestsellers Rank:
702,712 in Books (See Top 100 in Books)
- #33 in Books > Business, Finance & Law > Law > Jurisdictions Other Than England & EU > Civil
- See Complete Table of Contents
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Product Description
Review
Paul McGrath excels with this practitioners' work which does a sterling job of elucidating an exceedingly complex and tangled area of law s
Product Description
The book provides clear and practical guidance on the complex issues that arise in commercial fraud claims. By bringing together all current sources of legal thinking the author presents a coherent and readily accessible guide for the busy practitioner. Setting the scene with a discussion of the types of relationship which give rise to liability, including fiduciary relationships, the author then examines the liability of those who receive the proceeds of fraud. He considers the meaning of 'knowing receipt' and the nature of claims for unjust enrichment and constructive trusts. The work examines the availability of proprietary relief in the context of commercial fraud and assesses how best to apply the rules on tracing through modern means of money transfer such as BACS and CHAPS. McGrath concludes with a discussion of tracing, conflict of laws and procedure.
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Customer Reviews
Most Helpful Customer Reviews
2 of 2 people found the following review helpful
Format:Hardcover
Essex Court Chambers Barrister, Paul McGrath, excels with this practitioners' work which does a sterling job of elucidating an exceedingly complex and tangled area of law.
As he points out, `commercial fraud is big business and it is only getting bigger, cleverer and more complex.' He adds ominously, that 'fraudsters are typically ahead of the market when it comes to taking advantage of new technology and whilst one can sometimes read that fraud levels are reducing in one area, that is only because the fraudsters have moved on to other areas....The overall trend is in one direction only.'
Initially referring briefly to the days when restitution was on everyone's mind, Paul McGrath affirms that `fraud comes in all shapes and sizes,' from frauds on a global scale such as Enron and Worldcom, to lesser but still distressing fraudulent activity such as phishing attacks, or identity thefts, particularly in the contemporary arena of the credit crunch.
Indeed IT and identity fraud have spawned whole new legal specialisms very recently. `The Internet -- and banking conducted other than face to face -- create unique opportunities for the fraudster,' McGrath warns.
Following a complicated genesis, the book has been written with two fundamental aims in mind: first, to bring together a range of incredibly diverse material from a multiplicity of sources into one volume for ease of access and secondly, likewise, to consolidate in one volume, `many of the areas in which a commercial fraud litigator might be asked to litigate.'
For a complex subject such as this, the book is a monument of clarity in its coverage and logical examination of the diverse areas and issues relating to fraud. Focussing on civil law claims and remedies, it provides a detailed treatment of difficult topics such as unjust enrichment and conflict of laws and offers practical guidance on important procedural elements such as injunctions and disclosure.
There are 24 chapters split into 8 parts: a fraud overview; fraud at common law; receipt-based liability at common law; receipt-based liability in equity; statutory liability; multi-party liability; conflict of laws; and tracing, disclosure and injunctions. There are also two excellent appendices for precedents concerning freezing injunctions and search orders.
`The author is to be congratulated,' Lord Millett remarks in the Foreword, `on providing a guide through this minefield', which, he adds `is `not a context in which certitudes...are possible. It is rather one of choices and the best that can be done is to provide the practitioner with a series of informed choices. This the present book does.'
Millett is absolutely right and that's why McGrath's book holds such fascination for those involved in growing commercial fraud litigation- he has brought before practitioners the necessary materials and the arguments for this form of litigation brilliantly and succeeding with his aim.
As he points out, `commercial fraud is big business and it is only getting bigger, cleverer and more complex.' He adds ominously, that 'fraudsters are typically ahead of the market when it comes to taking advantage of new technology and whilst one can sometimes read that fraud levels are reducing in one area, that is only because the fraudsters have moved on to other areas....The overall trend is in one direction only.'
Initially referring briefly to the days when restitution was on everyone's mind, Paul McGrath affirms that `fraud comes in all shapes and sizes,' from frauds on a global scale such as Enron and Worldcom, to lesser but still distressing fraudulent activity such as phishing attacks, or identity thefts, particularly in the contemporary arena of the credit crunch.
Indeed IT and identity fraud have spawned whole new legal specialisms very recently. `The Internet -- and banking conducted other than face to face -- create unique opportunities for the fraudster,' McGrath warns.
Following a complicated genesis, the book has been written with two fundamental aims in mind: first, to bring together a range of incredibly diverse material from a multiplicity of sources into one volume for ease of access and secondly, likewise, to consolidate in one volume, `many of the areas in which a commercial fraud litigator might be asked to litigate.'
For a complex subject such as this, the book is a monument of clarity in its coverage and logical examination of the diverse areas and issues relating to fraud. Focussing on civil law claims and remedies, it provides a detailed treatment of difficult topics such as unjust enrichment and conflict of laws and offers practical guidance on important procedural elements such as injunctions and disclosure.
There are 24 chapters split into 8 parts: a fraud overview; fraud at common law; receipt-based liability at common law; receipt-based liability in equity; statutory liability; multi-party liability; conflict of laws; and tracing, disclosure and injunctions. There are also two excellent appendices for precedents concerning freezing injunctions and search orders.
`The author is to be congratulated,' Lord Millett remarks in the Foreword, `on providing a guide through this minefield', which, he adds `is `not a context in which certitudes...are possible. It is rather one of choices and the best that can be done is to provide the practitioner with a series of informed choices. This the present book does.'
Millett is absolutely right and that's why McGrath's book holds such fascination for those involved in growing commercial fraud litigation- he has brought before practitioners the necessary materials and the arguments for this form of litigation brilliantly and succeeding with his aim.
1 of 3 people found the following review helpful
Format:Hardcover
there is a chapter on deceit, but nothing is mentioned about misrepresentation. the case Hedley Byrne is not found in the index of cases. this is an important omission. Derry v Peek was effectively overturned by Hedley Byrne. as such the chapter on deceit is not only incomplete but positively misleading.
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