Set off in UK Law
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Federal Commerce & Navigation Company Ltd v Molena Alpha Inc. (Benfri, Lorfri, Nanfri)
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We have to ask ourselves: What should we do now so as to ensure fair dealing between the parties? It is only cross-claims that arise out of the same transaction or are closely connected with it. And it is only cross-claims which go directly to impeach the plaintiff's demands, that is, so closely connected with his demands that it would be manifestly unjust to allow him to enforce payment without taking into account the cross-claim.
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Stein v Blake (No.2)
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Bankruptcy set-off, on the other hand, affects the substantive rights of the parties by enabling the bankrupt's creditor to use his indebtedness to the bankrupt as a form of security. Instead of having to prove with other creditors for the whole of his debt in the bankruptcy, he can set off pound for pound what he owes the bankrupt and prove for or pay only the balance. …" Although it is often said that the justice of the rule is obvious, it is worth noticing that it is by no means universal.
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Gilbert Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd
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But in construing such a contract one starts with the presumption that neither party intends to abandon any remedies for its breach arising by operation of law, and clear express words must be used in order to rebut this presumption.
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Hanak v Green
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The position is, therefore that since the Judicature Acts there may be (i) a set off of mutual debts (ii) in certain cases a setting up of matters of complaint which if established reduce or even extinguish the claim and (iii) reliance upon equitable set-off and reliance as a matter of defence upon matters of equity which formerly might have called for injunction or prohibition The basis of (i) was explained in ( Stooke v. Taylor 5 Queen's Bench Division, page 569) in which case Chief Justice Cookburn pointed out (at page 576) that in the case of a set-off, the existence and the amount of a set-off must be taken to be known to a plaintiff who should give credit for it in his action against the defendant.
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Axel Johnson Petroleum A.B. v M.G. Mineral Group A.G. (Obelix)
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It can be said that there is a case for reform of the law, which has to be discovered in a number of diverse rules based on no coherent line of reasoning. But in practice masters and judges, for whom the problem is of almost daily occurrence, manage to solve it without any great difficulty.
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ICI Chemicals & Polymers Ltd v TTE Training Ltd
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It is not uncommon for an application under Part 24 to give rise to a short point of law or construction and, if the court is satisfied that it has before it all the evidence necessary for the proper determination of the question and that the parties have had an adequate opportunity to address it in argument, it should grasp the nettle and decide it.
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Aries Tanker Corporation v Total Transport Ltd
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But, and I do not think that sufficient recognition to this has been given in the courts below, it is a time bar of a special kind, viz., one which extinguishes the claim (cf. Article 29 of the Warsaw Convention 1929) not one which, as most English Statutes of Limitation (e.g. the Limitation Act 1939, The Maritime Conventions Act 1911), and some international Conventions (e.g. the Brussels Convention on Collisions 1910 Article 7) do, bars the remedy while leaving the claim itself in existence.
- ‘No Deduction or Set‐Off’ Clauses
- Insolvency Set-Off, Discharged Debts and Protected Trust Deeds: Royal Bank of Scotland Plc v Donnelly
- SET-OFF LAW AND PRACTICE: AN INTERNATIONAL HANDBOOK. Ed by William Johnston and Thomas Werlen Oxford: Oxford University Press (www.oup.co.uk ), 2nd edn, 2010. lxxi + 576 pp. ISBN 9780199579716. £165.
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Tinder, Spark, Oxygen, and Fuel: The Mysterious Rise of the Taliban
Though the Taliban has become one of the best-known fundamentalist groups in the world, its origins remain a mystery. This article argues an explanatory narrative fo...
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Adjudication and insolvency set off: compatible? It's a yes from the Supreme Court
For some time we have been following with interest the case of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd as it progresses through the courts. Why? Becaus...
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Mortgage debt and set-off rights: Woodeson v. Credit Suisse (UK)
Where a bank holds security for a loan, it can clearly enforce that security if the borrower is unable to repay its mortgage by selling the secured property and applying the sale proceeds to discha...
- Insolvency Set-Off in Administration
- Adjudication v Insolvency Set-Off
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Application to rectify or set aside documents
Land Registration (First-tier Tribunal) forms including the form to apply to rectify or set aside documents.
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Land Registration Objection to an Application to the Tribunal to Rectify or Set Aside Document(s)
Land Registration (First-tier Tribunal) forms including the form to apply to rectify or set aside documents.
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Application to set aside final decision
Special Educational Needs and Disability (SEND) Tribunal forms including the education, health and care (EHC) plan form to appeal against a decision.
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Application to set aside a decision of Primary Health Lists (SA)
Primary Health Lists Tribunal forms including appeal and response forms.