n Without Prejudice - Fairness and equity in factoring arrangements : financial law
|Article Title||Fairness and equity in factoring arrangements : financial law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Hogan Lovells|
|Publication Date||Apr 2016|
|Pages||14 - 15|
The recent case of Bibby Factors Northwest Ltd v HFD Ltd & Anor  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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