Associated Installations Ltd v All Asbestos Ltd (Rev1) [2025] EWCC 76 (15 December 2025)

Associated Installations Ltd v All Asbestos Ltd (Rev1) [2025] EWCC 76 (15 December 2025)

The default judgment was set aside and the interim third party debt order discharged because, although the Defendant failed to demonstrate a real prospect of defending the claim due to procedural deficiencies, there was 'some other good reason' for the matter to go to trial given the seriousness and complexity of the claim, the potential for counterclaims, and the need for proportionality. The Defendant's application was made promptly, and relief from sanctions was granted, subject to a costs order against the Defendant.

Citation
[2025] EWCC 76
Parties
Claimant: Associated Installations Limited; Defendant: All Asbestos Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2025
Procedural Posture
Civil Contract Claim / Application to Set Aside Default Judgment and Discharge Interim Third Party Debt Order
Outcome
Default judgment set aside; interim third party debt order discharged; Defendant ordered to pay Claimant's costs.
Legal Topics
Default Judgment, Relief From Sanctions, Fraudulent Enforcement, Third Party Debt Order, Costs
Contract Law Civil Procedure Default Judgment Relief From Sanctions Fraudulent Enforcement Third Party Debt Order Costs

Case Brief

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Parties

Associated Installations Limited

Claimant

All Asbestos Limited

Defendant

Procedural Posture

Civil Contract Claim / Application to Set Aside Default Judgment and Discharge Interim Third Party Debt Order

Legal Issues

  1. 1 Whether the default judgment should be set aside under CPR 13.3
  2. 2 Whether the interim third party debt order should be discharged
  3. 3 Whether the Defendant's application was made promptly

Ratio Decidendi

The default judgment was set aside and the interim third party debt order discharged because, although the Defendant failed to demonstrate a real prospect of defending the claim due to procedural deficiencies, there was 'some other good reason' for the matter to go to trial given the seriousness and complexity of the claim, the potential for counterclaims, and the need for proportionality. The Defendant's application was made promptly, and relief from sanctions was granted, subject to a costs order against the Defendant.

Court Disposition

Default judgment set aside; interim third party debt order discharged; Defendant ordered to pay Claimant's costs.

Orders

  • Default judgment set aside forthwith and removed from the judgment register.
  • Interim Third Party Debt Order discharged forthwith.