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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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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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