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17 May 2012
Issue: 7514 / Categories: Case law , Law digest , In Court
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Set-off

Emblaze Mobility Solutions Ltd v Revenue and Customs Commissioners [2012] All ER (D)
63 (May)

In respect of assignees, s 133 of the Finance Act 2008 was clearly intended to impose a set-off on an assignee where no such set-off had been permissible prior to its enactment. The general, established, principle was that set-off was founded in simple convenience and fairness. It should be taken to apply generally to all liquidated cross-claims unless excluded by statute or contract. Further, the test for equitable set-off required that cross-claims were so closely connected with the claimant’s demands that it would be manifestly unjust to allow the claimant to enforce the payment without taking into account the cross-claim. 

 
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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