ABSTRACT

A set off may be included in a defence or counterclaim or both.33 It is essentially an allegation by the defendant that the plaintiff owes him money and that this ought to be taken into account in the assessment of the plaintiff’s claim. A set off must not be combined with any other remedy. Unlike the ordinary counterclaim, the set off is not independent of, and cannot survive, the plaintiff’s claim. It is noteworthy that a set off raised as a defence is unaffected by any intervening running of time, provided it was not statute-barred at the time the plaintiff’s writ was issued.34