Derham on the Law of Set Off 5th ed

• New edition of the leading book on the law of set-off
• Comprehensive analysis of the law of set-off
• Analyses the law of England and Wales with reference to Australian case law
• An essential purchase for banking and insolvency lawyers world-wide

Derham on The Law of Set-off has long established itself as a leading authority in this developing area of law. This much anticipated fifth edition brings the reader up to date with analysis of the impact of the Insolvency (England and Wales) Rules 2016 and better consideration of the meaning of mutuality and the concept of dealings.

As in the previous editions, the book delves into the principles of set-off from both English and Australian perspectives, providing a robust understanding of the field. New coverage includes analysis of some significant decisions by the Supreme Court, including Re Kaupthing Singer [2012] in relation to the rule in Cherry v Boultbee, Belmont Park Investments v BNY Corporate Trustee Services [2012] in relation to fraud on the insolvency law, and Re Nortel GmbH [2014] in relation to contingent statutory debts. The significant impact of Geldof Metaalconstructie v Simon Carves [2010] on equitable set-off is also considered.

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 worldwide.

table of content

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