BIBBY FACTORS NORTHWEST LTD v HFD LTD AND ANOTHER

[2016] 1 Lloyd's Rep. 517

COURT OF APPEAL

Before Lord Justice Laws,Lord Justice Kitchin,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.