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Aug 6, 2019 · Where the right of set off arises, it can act as a defence to part or the whole of a claim. Example: when the right of set off arises, if B owes A £800,000, but A in fact owes B £200,000, B can set off that £200,000 when A claims its £800,000, and pay to A only the balance of £600,000. The maths is simple, but the more difficult area is ...
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Legal set off. Where legal proceedings have been commenced, it may be possible to set off mutual undisputed debts arising from unrelated transactions (known as legal set off), but bear in mind the wording of any contractual exclusion which may preclude legal set off.
In law, set-off or netting is a legal technique applied between persons or businesses with mutual rights and liabilities, replacing gross positions with net positions. [1] [2] It permits the rights to be used to discharge the liabilities where cross claims exist between a plaintiff and a respondent, the result being that the gross claims of mutual debt produce a single net claim. [3]
Jun 8, 2020 · In Mujtaba v.Yasin, 2020 ONSC 2554, Justice Emery addressed the two types of set-off: legal set-off and equitable set-off.. Legal set-off is provided for in section 111 of the Courts of Justice Act, which states: “in an action for payment of a debt, the defendant may, by way of defence, claim the right of set off against the plaintiff’s claim a debt owed by the plaintiff to the defendant”.
In legal terms, this process is called set-off. It allows people to balance out what they owe with what they are owed, making it easier to settle debts. In many situations, set-off can be a helpful tool. For example, if someone is being sued for unpaid bills, they might claim set-off if they believe the other party owes them money for something ...
Aug 6, 2019 · Where the right of set off arises, it can act as a defence to part or the whole of a claim. Example: when the right of set off arises, if B owes A £800,000, but A in fact owes B £200,000, B can ...
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Sep 6, 2023 · Overview. Set-off is a legal principle that allows a defendant to reduce or offset amounts owing to a plaintiff by counter-claiming against the plaintiff. [1] Set-off results in the defendant paying less to the plaintiff than it otherwise would as rather than paying the entire debt, it reduces the payment by the amount the plaintiff owes to it. [2]