Geldof Metaalconstructie NV v Simon Carves Ltd
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Neutral Citation | [2010] EWCA Civ 667 |
| Year | 2010 |
| Date | 2011 |
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47 cases
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UCP Plc v Nectrus Ltd
...indebted to it ( Bankes v Jarvis [1903] 1 KB 549), and in any event in the recent Court of Appeal decision of Geldof Metaalconstructie NV v Simon Carves Limited [2010] EWCA Civ 667 there was consideration of the modern law of equitable set-off, and, although not a requirement, but because o......
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Feniton Property Finance DAC v McCool
...and the functional requirement defined by the term ‘ manifestly unjust’ (see Geldof Metaalconstructie NV v. Simon Carves Ltd. [2010] EWCA Civ. 667, [2010] 4 All ER 847 at para. 43). Once one steps outside that type of claim, it is not possible to assert an equitable set off, and according......
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Hotel Portfolio II UK Ltd ((in Liquidation)) v Andrew Joseph Ruhan
... ... 55 Mr de Garr Robinson also relied on Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667 , [2010] ... ...
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The Cultural Foundation (doing business as American School of Dubai) v Beazley Furlonge Ltd (as managing agent for Syndicate AFB 2623/623 at Lloyd's)
...connected that it would be “manifestly unjust” to permit the claim without taking account of the cross-claim: Geldof Metaalconstructie NV v Simon Carves Ltd [2010] 4 All ER 847, per Rix LJ. 155. This discussion does demonstrate that if a 1930 Act transferee takes subject to equities, the in......
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5 firm's commentaries
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Case Law Update Issue 5 (2010)
...loss and expense claims procedure as a condition precedent. Test for Equitable Set-Off Geldof Metaalconstructie NV v Simon Carves Ltd [2010] CILL 2880 and [2010] 130 Con LR 37 (CA) Under a contract for design supply and installation of elements of a biothanol plant, Geldof sought summary ju......
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Equitable set off: Court of Appeal Restates Legal Principles and The Appropriate Test
...11 June 2010, the Court of Appeal gave its decision in Geldof Metaalconstructie NV v Simon Carves Limited [2010] EWCA Civ 667. In deciding this case, the Court took the opportunity to review and clarify the law on equitable set off – "because there appears to be some uncertainty on the subj......
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Cross-Contract Set Off - What Is The View Of The Courts?
...2010 the Court of Appeal handed down a unanimous Judgment in the case of Geldof Metaalconstructie NV v Simon Carves Ltd ("Geldof") [2010] EWCA Civ 667. The Leading Judgment was given by Lord Justice Rix. In the Geldof case the Court of Appeal reviewed the Judgment of His Honour Judge Raynor......
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Case Law Update - Issue 6 (2010)
...the order might be made if the sale fell through. Equitable Set-Off Geldof Metaal Constructie v Simon Carves Ltd [2010] BLR 401 and [2010] 130 Con LR 37 The Court of Appeal allowed the appeal by Simon Carves, the main contractor, against the TCC's decision in favour of Geldof, the sub-contr......
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1 books & journal articles
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Case Notes on Contracts of Guarantee
...Derham, The Law of Set-Off , 4th edn (Oxford: OUP, 2010). Consider also in this regard Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667 (unreported, Court of Appeal of England and Wales, 11 June 2010), para. 43. 05 Cuddihy.indd 89 11/06/2013 13:46 90 KAROLE CUDDIHY claim. ......