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Commercial Fraud in Civil Practice


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Table of Contents

I. Introduction 1: Fraud II. Substantive Claims 2: Deceit 3: Unjust Enrichment 4: Conversion 5: Knowing or Unconscionable Receipt 6: Constructive Trusts-An Overview 7: Conspiracy 8: Inducing a Breach of Contract 9: Dishonest Assistance 10: Bribery 11: Transfers at an Undervalue 12: Transactions Defrauding Creditors 13: Preferences 14: Miscellaneous 15: Disclosure 16: Tracing 17: Sham Trusts 18: Lifting the Corporate Veil III. Pre-Emptive Relief 19: Search Orders 20: Freezing Orders 21: Proprietary Injunctions 22: Receivers 23: Practice and Procedure 24: Contempt of Court and other Sanctions IV. International Elements: Conflict of Laws 25: Jurisdiction 26: Choice of Law Index

About the Author

Paul McGrath QC specialises in international commercial fraud litigation both before the UK Courts and Courts of various off-shore jurisdictions. His expertise spans banking law, equity, restitution, tort, company and insolvency law as well as challenging off-shore discretionary trusts and other devices for disguising true ownership of assets.


It takes many years to begin to understand how those various fields can be used to give a client or a student an overall picture and framework. This book goes far to collate into one bible the missing pieces of blue sky in a proverbial jigsaw puzzle of fraud. Many reading this book will be embarrassed to learn of remedies they never knew were available. Many of the topics covered are not just things one learns during an undergraduate degree course in law, or at law school. Perhaps during a continual professional developments course you may experience a glimpse of such concepts, but nothing as good as this book. * Professor David Rosen International Company and Commercial Law Review *
Nobody familiar with Paul McGrath's work as a practitioner will be surprised that as an author he does not duck legal difficulties: he engages with them and identifies uncertainties that good lawyers should confront. His observations are always to the point; every chapter has insightful comments; cliches are analysed; platitudes are destroyed. * Andrew Smith, Royal Courts of Justice *

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