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Counterclaim and set-off



Claim for declaration as to entitlement to damages and set-off – limitation – summary judgment

Woodeson v Credit Suisse (UK) Limited
[2018] EWCA Civ 1103

Summary

A bank was entitled to summary judgment against borrowers on their claim for declarations as to their entitlement to set-off sums in respect of claims for damages.

More detail

A mortgagor cannot unilaterally appropriate the amount of a cross-claim which is unliquidated and not admitted in the discharge of the mortgage debt. Even where the quantum of the claim exceeds the amount of the mortgage debt, the mortgagee cannot be restrained from exercising his right to take possession of, and sell, the mortgaged property, either by himself or by receivers (Spencer Day v Tiuta International [2014] EWCA Civ 1246). This applies not only to claims for possession (National Westminster Bank plc v Skelton [1993] 1 All ER 242) but also cases where the lender has a money claim or to cases where the borrower sought an account of what was truly due to the lender after considering any cross-claims.

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