Podcast Location:
Download it here [file size: 26.9 MB]
Categories:
Litigation & Dispute Resolution
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast looks at the concept of set-off. It examines the different types of set-off and how a right of set-off can arise. The podcast focuses on equitable set-off and explores the case law in this area, concluding with the recent decision in Geldof Metaalconstructie v Simon Carves Limited, which has clarified a number of points in this area of law.

Outcomes:
After completing the course you will:
  • Understand the concept of set-off;
  • Be aware of the different types of set-off and how a right of set-off can arise;
  • Appreciate the benefits of set-off as opposed to a counterclaim;
  • Understand the case law which has defined the rules regarding equitable set-off;
  • Be aware of the judgement in Gedolf Metaalconstructie v Simon Carves Limited;
  • Appreciate the implications for practitioners of this case;
  • Understand the relationship between contractual and equitable set-off.
Level:
Specialist Difficulty: 5 of 5
Sources and References:
  • Civil Procedure Rules and Practice Directions for civil litigation;
  • Housing Grants, Construction and Regeneration Act 1996;
  • Insolvency Act 1986;
  • Limitation Act 1980;
  • Local Democracy, Economic Development and Construction Act 2009;
  • Pension Schemes Act 1993;
  • Bank of Boston Connecticut v European Grain and Shipping Ltd [1989] AC 1056 (The Dominique);
  • Bim Kemi AB v Blackburn Chemicals Ltd - [2003] All ER (D) 164;
  • Dole Dried Fruit and Nut Co -v- Trustin Kerwood Ltd [1990] 2 Lloyd's Rep 309;
  • Federal Commerce & Navigation Co Ltd v Molena Alpha Inc [1978] 1QB 927 (The Nanfri);
  • Geldof Metaalconstructie NV v Simon Carves Ltd. [2010] EWCA Civ 667;
  • Hanak v Green [1958] 2 QB 9;
  • Henriksens Rederi AS v PHZ Rolimpex [1974] QB 233;
  • Newfoundland Government v Newfoundland Rly Co (1888) 13 App Cas 199;
  • Rawson v Samuel (1841) Cr & Ph 161;
  • Westdeutsche v. Islington BC. 4 All ER 890.
Tags:

This podcast looks at the law regarding set-off, with a focus on equitable set-off following the decision in Geldof Metaalconstructie v Simon Carves Limited [2010].

Podcast last reviewed: 2011-04-26

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