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Book reviews: Commercial Fraud in Civil Practice

11 June 2009 / Louis Flannery KC
Issue: 7373 / Categories: Features
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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

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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