| Commentary

89 Equitable set-off

| Commentary

89 Equitable set-off

A cross-claim by an employer against a contractor will, if it amounts to an equitable set-off, operate as a total or partial defence to the contractor’s claim for payment and will thus prevent the contractor from obtaining summary judgment under the Civil Procedure Rules Part 24. A cross-claim can be relied upon as an equitable set-off where it is so closely connected with the claim that it would be manifestly unjust to allow the claim without taking into account the cross-claim1.

It appears that a cross-claim (whether sounding in contract or tort) which arises out of the same

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