Cohen LJ considered the appropriateness of a claim for a set-off: ‘Before the Judicature Act, such claims were very often enforced by injunction, but it is plain from section 41 that an injunction would not be the appropriate way of giving effect to a set-off now and that effect should be given to it, under Section 38, as an equitable defence if so pleaded.’
Judges:
Cohen LJ
Citations:
[1949] 1 KB 107, [1948] 2 All ER 196, 64 TLR 381
Jurisdiction:
England and Wales
Cited by:
Cited – British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd ChD 19-Dec-1978
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 23 March 2022; Ref: scu.247751