Geldof Metaalconstructie NV v Simon Carves Ltd – WLR Daily

Posted June 15th, 2010 in appeals, contracts, damages, law reports, set-off by sally

Geldof Metaalconstructie NV v Simon Carves Ltd [2010] EWCA Civ 667; [2010] WLR (D) 146

“A defendant was entitled to set off against the claimant’s claim under an installation contract a counterclaim under a separate supply contract, because the claimant had itself linked the two contracts by demanding payment of invoices under the supply contract as a condition of continuing performance of the installation contract. In addition, the supply contract contained a right to set-off clause which went further than the common law in permitting the defendant to set off “any amounts lawfully due” against the purchase price.”

WLR Daily, 14th June 2010


Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.