BIBBY FACTORS NORTHWEST LTD v HFD LTD AND ANOTHER

[2016] Lloyd's Rep Plus 25

COURT OF APPEAL

Before Lord Justice Laws, Lord Justice Kitchin and Lord Justice Christopher Clarke

Contract - Equitable set-off - Supplier assigning customers' present and future debts to factor - Factor bringing proceedings as supplier's assignee against customers for sums due - Customers seeking to set off cross-claims against supplier - Whether cross-claims sufficiently closely connected with claimant’s demand - Whether inequitable for customers to rely on set-off - Whether customers estopped from relying on set-off.