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Part IV Priorities, 17 Other Priority Issues

From: The Law of Security and Title-Based Financing (3rd Edition)

Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka

Content type:
Book content
Product:
Financial Law [FBL]
Published in print:
08 March 2018
ISBN:
9780198795568

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 July 2022

Subject(s):
Credit — Guarantees and security — Debt — Set-off

This chapter considers the priority conflict between creditor interests and another creditor’s security interest or title retention right. The availability of set-off rights to a debtor is not usually expressed as presenting an issue of priority in respect of that debt when debt is assigned by the creditor. This is because the debtor is not asserting a proprietary interest in its own indebtedness when claiming to set-off, against the assignee, the claim that it has against the assignor. For instance, if A owes money to B and B assigns that debt in favour of C, whether outright or by way of charge, A will be entitled to rights of set-off so long as, in the case of legal set-off, A’s entitlement to do so does not arise after A has notice of the assignment in favour of C.

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