3 responses

  1. jon
    March 4, 2018

    I have found this article very informative. I would like to ask, If C paints a bedroom for D, and also paints the front room for D. when C issues a claim for non payment regarding the bedroom, can D set off by way of defence the entire claim (or any of it) by saying she had to pay another to paint the front room correctly, when no counterclaim has been issued?. The Judge then looks at the third party bill for painting the front room and deducts the costs that had to be paid to the third party from the claimed amount,like two trials within a trial! neutralizing the claim.


    • Andrew Hogan
      March 11, 2018

      No, that’s not how it works. The essence of a set off is cross claims.


  2. jon
    March 11, 2018

    Thanks for the reply. I have since read an article on abatement, which seems very similar and might be what happened in my personal case, but the Judge used the term ‘set off’ a number of times.


Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Back to top
mobile desktop