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4-07-2019

What is the relationship between different types of set-off? Senior Associate at Moon Beever, Simon Duncan explores in this article in Butterworths Journal of International Banking and Financial Law.

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To read the full article, click here to download the PDF.

Alternatively, to read the full Butterworth journal, click here.

​Key Points:

  • The Hamersley decision is all about set-off.
  • Legal set-off and equitable set-off are not easily displaced.
  • If insolvency set-off was an exclusive code, it would have unintended consequences where debts are assigned.
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