||All England Reporter
|| All ER (D) 221 (Jun)
||Richard Adkins QC (instructed by Travers Smith) for the claimant.
||Anthony Temple QC (instructed by Morgan Lewis) for the defendant.
||21 June 2005
Practice and procedure - Judgment - Summary judgment - Arguable defence - Equitable set-off.
On the facts, the defendant's counterclaim, which it was accepted had a real prospect of success, was capable of amounting to an equitable set-off of the claimant's action, and therefore the claimant would not be entitled to summary judgment.
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