Derham on the Law of Set Off

Derham on The Law of Set-off has long established itself as a leading authority in this developing area of law. This much anticipated fifth edition brings the reader up to date with analysis of the impact of the Insolvency (England and Wales) Rules 2016 and better consideration of the meaning of mutuality and the concept of dealings. As in the previous editions, the book delves into the principles of set-off from both English and Australian perspectives, providing a robust understanding of the field. New coverage includes analysis of some significant decisions by the Supreme Court, including Re Kaupthing Singer [2012] in relation to the rule in Cherry v Boultbee, Belmont Park Investments v BNY Corporate Trustee Services [2012] in relation to fraud on the insolvency law, and Re Nortel GmbH [2014] in relation to contingent statutory debts. The significant impact of Geldof Metaalconstructie v Simon Carves [2010] on equitable set-off is also considered. The book provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers worldwide.

1 - Introduction
2 - Set-off Between Solvent Parties: Common Law
3 - Set-off Between Solvent Parties: Equitable Set-off
4 - Substantive Equitable Set-off
5 - Set-off Between Solvent Parties: Various Aspects
6 - Set-off in Bankruptcy and Company Liquidation
7 - Debts, Credits and Dealings
8 - Claims Susceptible to Insolvency Set-off
9 - Commensurable Demands
10 - Trust Funds
11 - Mutuality - Introduction
12 - Mutuality - Same Parties
13 - Mutuality - Same Right
14 - The Rule in Cherry v Boultbee
15 - Combination of Bank Accounts
16 - Set-off Agreements
17 - Assignees, and Other Interested Third Parties
18 - Sureties

Rory Derham is a Barrister at the New South Wales Bar in Australia.