Civil Fraud - LAWS8154

Description

LLM Specialisations

Recommended Prior Knowledge

Course Objectives

• Knowledge of the legal theory behind fraud;
• Be familiar with causes of action and remedies available to victims of civil fraud, both from the fraudulent party and third parties;
• Understand the defences available to defendants;
• Understand judicial measures to assist recovery of proceeds of fraud.

Learning Outcomes

• Utilise the traditional skills of being able to read and understand legislation and case law with a view to applying it to a problem situations and understand the policy issues involved in civil fraud;
• Recognise and respond appropriately to civil fraud;
• Advise on the options for recovery of the proceeds of civil fraud;
• Advise on defences available including those available to third parties in situations involving civil fraud;
• Employ superior research and writing skills which will be developed through a research essay.

Main Topics

• Nature of fraud;
• Claims for deceit and fraudulent misrepresentation;
• Causes of action for the recovery of proceeds of fraud such as proprietary claims and tracing; personal claims, breach of fiduciary duty and restitutionary claims and defences, and personal claims against third party recipients;
• Measures taken by courts to assist recovery of proceeds of fraud such as freezing injunctions, provision of information by others, passport orders;
• Self incrimination, and loss of legal professional privilege due to fraud;
• Issues arising due to concurrent civil and criminal proceedings.

Assessment