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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.
The Law of Set-off has established itself as a leading authority on its subject. This is a
developing area of law r d the fourth edition brings the book fully up to date with the
latest case law since the third edition was published in 2003. Including coverage of
Commonwealth decisions, this is the most thorough work on Set-Off for legal practitioners.
New coverage includes analysis ofSecretary 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.
The book provides an authoritative commentary on the principles governing the law of
set-off and is an essential purchase for banking, finance, and insolvency lawyers
world-wide.
Readership: Practitioners advising on financial and insolvency law; academics interested
in financial, insolvency and commercial law; reference libraries; postgraduate students of
financial law.
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
1,104 pages | 246x171mm | Hardback