header-logo header-logo

Set-off

17 May 2012
Issue: 7514 / Categories: Case law , Law digest , In Court
printer mail-detail

Emblaze Mobility Solutions Ltd v Revenue and Customs Commissioners [2012] All ER (D)
63 (May)

In respect of assignees, s 133 of the Finance Act 2008 was clearly intended to impose a set-off on an assignee where no such set-off had been permissible prior to its enactment. The general, established, principle was that set-off was founded in simple convenience and fairness. It should be taken to apply generally to all liquidated cross-claims unless excluded by statute or contract. Further, the test for equitable set-off required that cross-claims were so closely connected with the claimant’s demands that it would be manifestly unjust to allow the claimant to enforce the payment without taking into account the cross-claim. 

 
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll