Equitable Set-Off – A New Direction After Geldof?

1st Aug 2015

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.

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