Lechmere v Hawkins
| Jurisdiction | England & Wales |
| Date | 1798 |
| Court | King's Bench Division |
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2 cases
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Coca-Cola Financial Corporation v Finsat International Ltd and Others
...in The Judicature Act 1873. (5) The principle that a defendant could not waive his right of set off was supported by authority. In Lechmere v. Hawkins (1798) 2 Esp. 625 it was held by Lord Kenyon that a debtor could not be prevented from setting off a debt due to himself even though he had ......
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Re Kaupthing Singer and Friedlander Ltd: Newcastle Building Society v Mill and Others
...provisions have been continued in subsequent statutes and are now enshrined in s.49(2) Supreme Court Act 1981 and CPR Rule 16.6. 11 In Lechmere v Hawkins (1798) 2 Esp.626 the defendant had promised to pay the plaintiff without regard to the debt due by the plaintiff to the defendant and “wi......
1 firm's commentaries
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IFI Update, June 2009 - Part 2
...in Coca-Cola Financial Corp. v. Finsat International Ltd [1998] QB 43 and notwithstanding the very old decisions in Lechmere v. Hawkins (1798) 2 Esp 626 and Taylor v. Okey (1806) 13 Ves Jun 181, Lordship held that it was possible by contract to exclude legal rights of set-off. He then went ......