“…rned with the nature of equitable set-off. In Fearns (t/a Autopaint International) v Anglo-Dutch Paint and Chemical Co. Limited & Others [2010] EWHC 2355 (Ch), [2011] 1 WLR 366, George Leggatt QC (as he then was) explained the nature of equitable set-off. He said at [25] he did not think it was right to regard either the existence or …”
“…e assertion of an equitable set-off. That can only be done by agreement or by judgment: see e.g. Fearns v Anglo-Dutch Paint & Chemical Co Ltd [2010] EWHC 2366, [2011] 1 WLR 366; Equitas Ltd v Walsham Bros & Co Ltd [2013] EWHC 3264 (Comm), paras 173-185.…”