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Arlidge and Parry on Fraud
Arlidge and Parry on Fraud
5th Edition, Mainwork & Supplement
Practice Area:  Criminal Law
ISBN:  9780414069381
Published by:  Sweet & Maxwell
Publication Date:  21 Nov 2016
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION
Providing a complete guide to the law on fraud Arlidge & Parry on Fraud sets out the basic principles and clarifies key terms. The work discusses and interprets the law offering strategic guidance to complex areas. In addition, it offers advice on presenting a fraud case, so that you can be sure you follow the correct procedures and avoid mistakes.

It includes relevant case law to ensure that you are fully up to speed with changes that have occurred and what they mean. What’s more, it explains the implications of each offence with examples of legislation and case law enabling you to build the strongest argument possible.

The work includes statutes, SI’s and reproduces sections of Acts where relevant, so that you have all the core statutory and related primary materials to hand. The user friendly format means that offences are dealt with in their own separate chapters. This makes it even easier for you to find the information you need quickly, saving you time and effort.

Written by respected experts in the field, Anthony Arlidge QC, Jonathan Fisher QC, Alexander Milne QC and Polly Sprenger the work provides an invaluable source of information that will guide you through the complex area of the law on fraud.

  • Explains the general principles and concept of fraud
  • Sets out an exhaustive range of offences relating to fraud from financial services and insider dealing to wrongful trading and computer misuse, and from company and insolvency fraud to false representation and forgery
  • Goes through the characteristics of each type of fraud and the legal principles which apply
  • Identifies the different circumstances in which offences can be committed
  • Takes into account international fraud
  • Deals with the powers of the Serious Fraud Office
  • Covers the prosecution of fraud
  • Examines the various aspects of evidence in relation to fraud trials
  • Advises on presenting a fraud case
  • Provides a completely re-written Tax Chapter by Jonathan Fisher QC
  • Inclusion of the draft details for the new ‘failure to prevent’ charge
  • Contains a New private prosecutions chapter written by Polly Sprenger and team at Eversheds

The first supplement to Arlidge and Parry on Fraud brings the fifth edition fully up to date with the latest developments including:

  • The Criminal Finances Act 2017, sections 45 and 46 of which introduce two new corporate criminal offences where a company or partnership has failed to prevent an associated person from facilitating tax evasion in the UK or abroad
  • Ivey v Genting Casinos dealing with the meaning of dishonesty, overruling the “Ghosh test” and applying a more objective test
  • Bitter v FCA and Hayes v FCA dealing with applications for a stay in civil proceedings where there are parallel criminal proceedings
  • R v Evans which considered new the sentencing guidelines for cases involving the unlawful distribution of infringing copyright articles
  • Hudson v CPS which addressed when an unoccupied property ceases to be a “dwelling” in relation to the offence of burglary
  • Jurecka v R on the admissibility of “working documents”
CONTENTS
1. Fraud: An Overview
2. Dishonesty
3. Gain and Loss
4. False Representations and Deception
5. Failing to Disclose Information
6. Abuse of Position
7. Conspiracy to Defraud
8. Fraudulent Trading
9. Theft
10. Obtaining Services Dishonestly
11. Forgery and Related Offences
12. False Accounting and False Statements
13. Investment Fraud
14. Company Fraud
15. Insolvency Fraud
16. Tax Fraud
17. Social Security Fraud
18. Gambling Fraud
19. Bribery & Corruption
20. Cartel
21. Inchoate Fraud
22. International Fraud
23. Prosecuting Authorities
24. The Prosecution of Serious or Complex Fraud
25. The Prosecution of Multiple Offending
26. Case Management
27. Disclosure
28. Sentencing
29. Alternatives to Prosecution
30. Private Prosecution

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