header-logo header-logo

15 July 2010 / Jonathan Arr
Issue: 7426 / Categories: Features , Commercial
printer mail-detail

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 before the counterclaim is decided. This presents cash-flow difficulties, and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll