||All England Reporter
|| All ER (D) 190 (Nov)
|| EWCA Civ 1633
||Court of Appeal, Civil Division
Aldous, Tuckey and Longmore LJJ
||Timothy Fancourt (instructed by Gisby Harrison, Waltham Cross) for the claimant.
||Nicholas Dowding QC and Anthony Tanney (instructed by Cawdery Kaye Fireman & Taylor) for the defendant.
||14 November 2002
Set-off - Equitable set-off - Right to set-off - Tribunal appointing claimant manager of property - Claimant making claim for service charges - Defendant seeking to set-off claims against landlord - Right to set-off claims against landlord against claim made by manager - Pt II.
The purpose of PtII of the was to provide a scheme for the appointment of a manager who would carry out the functions required by the court in relation to a tenanted property. A manager came in with a clean sheet and was able to collect service charges due from tenants. It would have made a nonsense of the legislation if any or all of the tenants could have set-off, against such a claim for service charges, claims that they might have had against the landlord.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary