| Commentary

57.2 Court rules

| Commentary

57.2 Court rules

The defence of set-off is available under English law. If a defendant contends that it is entitled to money from the claimant, and relies on this as a defence to the whole or part of the claim, the contention may be included in the defence and set off against the claim, whether or not it is also a counterclaim1.

A discussion of the detailed circumstances in which set-off (and a related defence of ‘abatement’) are available under English law is beyond the scope of this title. Generally, the claim for set-off must in some way

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