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11 June 2009 / Louis Flannery KC
Issue: 7373 / Categories: Features
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Book reviews: Commercial Fraud in Civil Practice

Back Page Reviews

Commercial Fraud in Civil Practice

Paul McGrath

Oxford University Press, £145, ISBN: 9780199290574

This reviewer has just returned from seeing clients in Cairo. Seeing the pyramids reminded me of Nick Madoff and his fraudulent pyramid scheme. How did he do it? Because the prosaic reality is that discovering fraud is not easy. The facts are usually so complex that the precise legal remedy is not easy to identify. As is well known to many commercial litigators, civil fraud crosses many different areas of law, including restitution, contract, tort, private international law, property law and insolvency. Practitioners in the area are usually limited to the traditional texts in these various fields, and there has never been a substantial text dedicated entirely and exclusively to the subject of fraud, in all its various guises. Until now, that is. For gathering together the rich threads of all those areas into one text, Mr McGrath deserves huge praise. His first class text also draws on the massive wealth of jurisprudence across many jurisdictions.

Not only does it do much more than

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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