| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 221 (Jun) |
| Court: | Commercial Court |
| Judge: | Aikens J |
| Representation | Richard Adkins QC (instructed by Travers Smith) for the claimant. |
| Anthony Temple QC (instructed by Morgan Lewis) for the defendant. | |
| Judgment Dates: | 21 June 2005 |
Catchwords
Practice and procedure - Judgment - Summary judgment - Arguable defence - Equitable set-off.
The Case
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.
Practice Areas
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