By Rory Derham.
New edition of the leading book on the law of set-off. Includes new material on set-off in company insolvency to take account of the set-off provisions in the Insolvency (Amendment) Rules 2005 A clear and accessible analysis of the principles governing the law of set-off. An essential purchase for specialist banking and insolvency lawyers world-wide. Coverage of significant case-law developments in the UK and Australia.
New to this edition
- Includes new judicial decisions and takes into account the new set-off provision in the The Insolvency (Amendment) Rules 2005.
- Includes coverage of Secretary of State for Trade and Industry v Frid in relation to insolvency set-off, Re SSSL Realisations (2002) Ltd in relation to the rule in Cherry v Boultbee, Muscat v Smith in relation to equitable set-off, and in Australia, International Air Transport Association v Ansett Australia Holdings Ltd in relation to the "British Eagle" principle.
Review(s) from previous edition
"... the most up-to-date and comprehensive examination of the forms of set-off and their analogues under English and Australian law ... this latest edition of Set-Off is a dazzling testament to the depth of Dr Derham's legal scholarship and remains, as always, a fitting member of Oxford University Press' series of monographs on modern equity. - Journal of International Banking Law & Regulation
"This book deals with English and Australian law with a thoroughness which cannot be found elsewhere. Whilst the work may appear to be academic, it is of immense use to the practitioner ... the opportunity for an excursion into legal history is one of the delights of the book. " - Solicitors Journal
"This is definitely a practitioner's reference book and, speaking of "vast", just one look at the excellent Table of Contents should be enough to convince the most demanding practitioner of the depth and breadth of coverage afforded to this complex subject...So, if, as a practitioner, you're in any way involved with this aread of law, 'Derham on The Law of Set-Off' would be a wise purchase for you"
Table of Contents
1: Introduction
2: Set-off Between Solvent Parties: Common Law
3: Set-off Between Solvent Parties: Equitable Set-off
4: Substantive Equitable Set-off
5: Set-off Between Solvent Parties: Various Aspects
6: Set-off in Bankruptcy and Company Liquidation
7: Debts, Credits and Dealings
8: Claims Susceptible to Insolvency Set-off
9: Commensurable Demands
10: Trust Funds
11: Mutuality - Introduction
12: Mutuality - Same Parties
13: Mutuality - Same Right
14: The Rule in Cherry v Boultbee
15: Combination of Bank Accounts
16: Set-off Agreements
17: Assignees, and Other Interested Third Parties
18: Sureties
