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15 July 2010 / Jonathan Arr
Issue: 7426 / Categories: Features , Commercial
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Going places?

Jonathan Arr charts the history of equitable set-off

In Geldof Metaalconstructie NV v Simon Carves Limited [2010] EWCA Civ 667 [2010] All ER (D) 69 (Jun), Rix LJ noted, not without a degree of understatement, that “there appears to be some uncertainty on the subject” of equitable set-off. Thankfully, his judgment in this case has clarified the position, while at the same time extending the circumstances in which equitable set-off can apply.

The law of set-off

Why is it important?

Set-off is the ability of a debtor to reduce or eliminate its monetary liability to a creditor by taking into account monies owed by the creditor to the debtor. In the context of litigation, set-off operates as a defence to a claim, which means it has a number of advantages over a counterclaim.

In particular:
(i) a counterclaim, if tried separately, does not prevent enforcement of the main claim if judgment is obtained in the meantime. A defendant with a complex counterclaim might have to pay monies out under a summary judgment for the main claim

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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