Geldof Metaalconstructie Nv v Simon Carves Ltd

JurisdictionEngland & Wales
Date2011
CourtCourt of Appeal (Civil Division)
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8 cases
  • Equitas Ltd and Another v Walsham Brothers & Company Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 28 October 2013
    ...which underpin this test, can be taken as stated by Rix LJ in Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667, [2011] 1 Lloyd's Rep 517: "43. … For all these reasons, I would underline Lord Denning's test [in The Nanfri], freed of any reference to the concept of impeachm......
  • IG Index Ltd v Aryeh Ehrentreu
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 February 2013
    ...in differing formulae. Rix LJ collected them together in Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667 [2011] 1 Lloyd's Rep 517. In the end, the formula he preferred was: cross-claims so closely connected with the claimant's demands that it would be manifestly unjust to......
  • School Facility Management Ltd v Governing Body of Christ the King College
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 12 July 2021
    ...to enforce one without taking into account the other: see Geldoff Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667, [2011] 1 Lloyd's Rep 517. There will undoubtedly be many cases, if not all, in which a cross-claim analysis is available in claims for unjust enrichment, and it w......
  • Bibby Factors Northwest Ltd v HFD Ltd and Anr
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 17 December 2015
    ...of Rix LJ (with whom Patten and Maurice Kay LJJ agreed) in Geldof Metaalconstructie NV v Simon Carves Limited [2010] EWCA Civ 667; [2011] 1 Lloyd's Rep 517. In that case Rix LJ said at [43]: " (v) Although the test for equitable set-off plainly therefore involves considerations of both the......
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