Part V Enforcement, 21 Enforcement of Rights not including the Transfer of Title
Hugh Beale, Michael Bridge, Louise Gullifer, Eva Lomnicka
- Set-off — Security interest
21.01 The various examples under this head, where the distinction between the creation and enforcement of rights is difficult to draw, have been discussed at length in chapter 8. 21.02 In the case of legal set-off, the debtor’s right to a set-off is enforced by means of pleading a defence, with the court striking a balance on judgment. For equitable set-off, the debtor will again have to plead the entitlement, though equitable set-off operates as a true defence taking effect before the date of judgment.1 Although insolvency set-off is mandatory, it has been said...