Equitable set-off
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- Categories:
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Commercial Law
Construction, Procurement & Outsourcing
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- 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
- Sources and References:
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- 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.
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
