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Equitable Set-Off – A New Direction After Geldof?

Equitable set-off has traditionally been a difficult defence to define. The Court of Appeal in Geldof Metaalconstructie v Simon Carves reviewed a number of important cases and in drawing the threads together has rationalised the test for equitable set-off. In this paper the judgment of Rix LJ is reviewed and the implications of that judgment considered.

A. Introduction
B. What is impeachment?
C. What is equity?
D. What is ‘set-off’?
E. Some examples of equitable set-off
F. Equitable set-off as a defence
G. Housing Grants, Construction and Regeneration Act
H. Historical analysis
I. Conclusion.

This article first appeared in Society of Construction Law.

To read the full article please click here.

31/07/2015

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James Howells QC Barrister Atkin Chambers

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