Civil Litigation of Commercial Fraud

About the Book

Civil Litigation of Commercial Fraud  provides guidance on key issues in civil cases where allegations of fraudulent or dishonest conduct in business dealings are made. This area of practice requires consideration of topics across both substantive and procedural law. The topics addressed include injunctions required to preserve assets and prevent undue dissipation by parties facing claims, orders seeking to trace misappropriated property, applications to set aside fraudulent transfers of property, orders for the disclosure of assets and transfers, shareholder protection and fraud, remedies for reckless or fraudulent trading, multi-jurisdiction issues facing litigants in this area and various common law and equitable remedies to set aside fraudulent payments and transfers.

Content Includes

• Tracing

• Deceit

• Conspiracy

• Conversion

• Constructive Trusts, Liability to Account in Equity & Quistclose Trusts

• Unjust Enrichment

• Minority Shareholders & Fraud

• Unfair Preferences and Unlawful Dispositions in Corporate Insolvencies & Fraudulent Conveyances

• Misuse of the Corporate Form & Personal Liability for Reckless or Fraudulent Trading

• The Mareva Injunction

• Disclosure Orders

• Pleading Fraud

• Conflict of Laws

Who Should Buy This Book?

Civil Litigation of Commercial Fraud addresses the key issues facing parties litigating commercial fraud in Ireland. It will provide assistance to institutions and other parties, including liquidators and their advisors, working in this area.

About the Author

Arthur Cunningham is a barrister practicing primarily in the areas of company law, commercial and banking litigation, with a focus on shareholder and investment disputes and corporate insolvency. His practice in recent years has involved acting in asset-recovery matters. Arthur has represented clients in cases requiring tracing orders, Mareva injunctions and related disclosure orders. Arthur regularly represents parties in shareholder disputes and acts for creditors and insolvency practitioners across a range of corporate insolvency matters. Arthur is a regular contributor to the Commercial Law Practitioner.