Insolvency set off dates back to the statue of Queen Anne, designed to do substantial justice between creditors and insolvent individuals or companies.
In Forster v Wilson [1843] 152 ER 1165… Parke B said:
“the purpose of insolvency set off was to do substantial justice between the parties …. ” Although it is often said that the justice of the rule is obvious..”
That…
When we talk about an act by a public body in excess of jurisdiction, we rely on two leading authorities by the Court of Appeal, and the House of Lords. Both of which affirm that an act in excess of jurisdiction by a judge or any public body, results in a nullity.
A…
The legal duty of the insolvency courts to apply insolvency set off in all insolvency proceedings is mandatory and is said to be self-executing. Failure to apply set off when there are cross claims arising between a creditor and alleged bankrupt renders the proceeding…
In this article we provide the pièce de résistance guide to setting aside void orders, the difference between a void order and one that is voidable, setting aside orders founded by fraud and citing a number of authorities that assist in establishing a motion to set aside…
In this article we provide invaluable insight as to how to deal with judicial bias and how to successfully recuse a judge (disqualify a judge) who is perceived to, or has compromised judicial impartiality. Judicial bias, judicial disqualification, recuse judge, recusal…
