n Without Prejudice - Fairness and equity in factoring arrangements : financial law

Volume 16, Issue 3
  • ISSN : 1681-178X



The recent case of [2015] EWCA Civ 1908 in the English Court of Appeal confirmed the position under English law of a debtor's right to set-off against an assignee. In England and South Africa alike, the issue of the validity of a debtor's right to set-off against an assignee or cessionary is particularly relevant where companies access credit by selling their debt to a bank or factoring company.

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