Commercial Fraud: Civil Liability, Human Rights, and Money Laundering

Author:   Janet Ulph (, LL.M. (Cantab), LL.M. (Harvard). Senior Lecturer in Law, University of Durham, and a qualified solicitor.) ,  Michael Tugendhat (Judge of the High Court (Queen's Bench Division)) ,  James Glister (, M.A. (Cantab), `.Jur. (Durham))
Publisher:   Oxford University Press
ISBN:  

9780198268673


Pages:   908
Publication Date:   26 January 2006
Format:   Hardback
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

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Commercial Fraud: Civil Liability, Human Rights, and Money Laundering


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Overview

Theft, deception, bribery, rogue trading and money laundering present massive and apparently insuperable problems for governments worldwide. On a national and international scale, these types of activities may have social, economic and political repercussions. This new book is primarily concerned with the impact of these activities upon private individuals. The text analyses the position of the victim, the fraudster, recipients of property and accessories. The focus is upon the civil law aspects of fraud and the increasing significance of money laundering legislation and the law of human rights. The main theme of this book is an examination of the extent to which fraudulent activity triggers special rules which are exceptions to the general principles of civil law. There is the further question of the extent to which theft and fraud affect transactions which are interlinked. Policy issues are weighed in the balance, such as the protection of property rights against the need to ensure the free circulation of goods and the security of good faith purchase, and the demand for certainty in the law against the need to deter fraud.

Full Product Details

Author:   Janet Ulph (, LL.M. (Cantab), LL.M. (Harvard). Senior Lecturer in Law, University of Durham, and a qualified solicitor.) ,  Michael Tugendhat (Judge of the High Court (Queen's Bench Division)) ,  James Glister (, M.A. (Cantab), `.Jur. (Durham))
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.70cm , Height: 5.30cm , Length: 25.50cm
Weight:   1.723kg
ISBN:  

9780198268673


ISBN 10:   019826867
Pages:   908
Publication Date:   26 January 2006
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

A: BACKGROUND 1: Introduction 2: Human Rights 3: Money Laundering and Acquisitive Crime: the background and the offences 4: Money Laundering and Acquisitive Crime: the proceeds of crime B: ESTABLISHING CIVIL LIABILITY 5: Regulating Conduct 6: Receipt Based Liability of Third Parties 7: Multi-Party and Accessory Liability 8: Law of Agency and Maritime Fraud C: REMEDIES AND DEFENCES 9: Remedies 10: Following Misappropriated Property and Tracing into Substitute Property 11: Title Conflicts: Defences to the Action in Conversion 12: Further Defences CONCLUSIONS

Reviews

...Ulph has undertaken an Herculean task and the result is an outstanding product. The book is a must have for practitioners and academics working in the areas of commercial fraud (civil or criminal) and money laundering. Jonathan Fisher Q.C, LMCLQ


Author Information

Janet Ulph is a graduate of Nottingham University with postgraduate degrees in Law from Cambridge University and Harvard Law School in the United States. She is a non-practising solicitor and a Senior Lecturer in Law at the University of Durham (teaching Commercial Law and Equity and Trusts at undergraduate level and Commercial Fraud and International Trade at postgraduate level). Sir Michael Tugendhat is a Judge of the High Court assigned to the Queen's Bench Division. He was educated at Gonville & Caius College Cambridge before being awarded the Henry Fellowship at Yale University Law School. He was called to the Bar of Inner Temple in 1969 before joining 5 Raymond Buildings Chambers. He was appointed a Queen's Counsel in 1986, a Recorder of the Crown Court in 1994 and a Deputy High Court Judge in 1995. Since 2000 he has also sat as a Judge of the Courts of Appeal in Jersey and Guernsey.

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