The Banker's Remedy of Set-Off, 3rd edition

List Specifications

  • Author / Editor

    Sheelagh McCracken
  • Publication Date

    May 2010
  • Format


Additional Details

Additional Product Details
  • Dimensions

    248 x 156mm
  • Edition Number

  • Extent

Only £210.00
ISBN - 9781847662415 - £210.00 VAT Free

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The Banker's Remedy of Set-Off, 3rd edition

The Banker’s Remedy of Set-Off, 3rd edition
Written by Sheelagh McCracken

"...fantastically detailed and meticulously tackles the difficult issues of principle."  Student Law Journal, March 2011

"...a comprehensive analysis of the English law of set-off..."  Journal of International Banking Law and Regulation, V 26, I 5, 2011

" of its strengths is that it examines the remedy of banker's set-off from a rigorous academic perspective."  Bankers' Law, Volume 4, Number 1, 2011

"There are many good things to say about this is excellent news for all who need to understand this topic- which should be simple, but can be extraordinarily complex and impenetrable- that the author has decided to return to it. She clearly knows the subject inside out."  Law and Financial Markets Review, September 2010

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  • This is a new edition of a well known and well respected text.

  • This new third edition has been fully updated take into account the changes since the previous edition 10 years ago

    The Banker’s Remedy of Set-Off is an invaluable definition of the origin of the concept of set-off and how it works in practice, giving examples of set-off in different contexts. The new 3rd edition of this well-respected text covers all aspects of the law from common banking transactions to cross-border debts, to ensure you receive expert guidance, whether you are dealing with debts from private individuals or multi-national companies. Part V has been expanded to cover a range of specialist financing transactions.

    Bibliographic detail
    ISBN: 978 1 84766 241 5
    Publication Date: May-10
    Format: Hardback
    Availability: In print
    List price: £210


    Part I The relevance of set-off under the banking contract
    Chapter 1 Problems of terminology
    Part II The concept of set-off
    Chapter 2 An historical viewpoint
    Vhapter 3 A modern viewpoint
    Chapter 4 Criteria for the operation of set-off
    Chapter 5 Manner of Operation of set-off
    Part III The Nature of Set-off
    Chapter 6 Set-off as a procedural claim
    Chapter 7 Set-off as a substantive or remedial claim
    Chapter 8 Potential policy objections to set-off as a remedy
    Part IV The scope of set-off as a remedy
    Chapter 9 Set-off as a contractual remedy
    Chapter 10 Set-off as a security
    Chapter 11 Impact of bankruptcy and liquidation
    Part V The application of set-off as a remedy
    Chapter 12 Set-off in common banking transactions
    Chapter 13 Conclusion

    From a practical perspective, a banker's right to set-off debts is extremely important in both retail and wholesale banking.  Without it, customers may retain large balances on some accounts and large liabilities on others.  Sheelagh McCracken's The Banker's Remedy of Set-Off  , now in its third edition, aims to provide an invaluable analysis of the law of set-off, its origins and its practical application.  It largely achieves this aim.

    Written by an experienced academic, The Banker's Remedy of Set-Off  has been around for some time.  It has, however, been seventeen years since the second edition was published in 1993.  It is split in to five parts: the relevance of set-off under the banking contract; the concept of set-off; the nature of set-off; the scope of set-off as a remedy; and the application of set-off as a remedy.  Each part (except for the first and last) is then split into a number of chapters.  This is very much a cradle to the grave approach and gives readers an excellent insight into the law and its development.

    As McCracken candidly admits, the origins of the text are in her doctoral these undertaken at the University of Sydney.  It therefore means that The Banker's Remedy of Set-Off  is fantastically detailed and meticulously tackles the difficult issues of principle.  It is therefore ideal for academics or those wanting an in-depth analysis of this important area of law.  Practitioners who want a quick answer may, however, find the text somewhat frustrating: it often takes longer than one expects to really hone in to the answer to a specific question.

    The Banker's Remedy of Set-Off  does exactly what it says on the tin: it provides a thorough and comprehensive analysis of this important area of law.  At times it does, however, get somewhat bogged down in theoretical principles meaning practitioners may find it not as helpful as one would expect.  It can also be, at times, somewhat wordy meaning the impact of a point can sometimes be lost.  These are, however, relatively minor issues on a thorough and important analysis of the banker's right to set-off debts.

    Student Law Journal, Reviewed on 20 March 2011

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