Associated Installations Limited v All Asbestos Limited

Associated Installations Limited v All Asbestos Limited

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 and lack of evidence, the seriousness and complexity of the claim, potential counterclaims, and proportionality justified allowing the matter to proceed to trial. Relief from sanctions was granted, with costs awarded against the Defendant.

Parties
Claimant: Associated Installations Limited; Defendant: All Asbestos Limited
Jurisdiction
England and Wales
Judgment Date
01 May 2026
Procedural Posture
Civil Claim for Breach of Contract and Damages / 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 file defence and pay costs.
Legal Topics
Default Judgment, Relief From Sanctions, Third Party Debt Order, Fraudulent Enforcement, Set Aside Judgment, Costs Assessment
Contract Law Civil Procedure Fraud Default Judgment Relief From Sanctions Third Party Debt Order Fraudulent Enforcement Set Aside Judgment +1 more

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Parties

Associated Installations Limited

Claimant

All Asbestos Limited

Defendant

Procedural Posture

Civil Claim for Breach of Contract and Damages / 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 has a real prospect of defending the claim

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 and lack of evidence, the seriousness and complexity of the claim, potential counterclaims, and proportionality justified allowing the matter to proceed to trial. Relief from sanctions was granted, with costs awarded against the Defendant.

Court Disposition

Default judgment set aside; interim third party debt order discharged; Defendant ordered to file defence and pay costs.

Orders

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