In the case of Buckingham v Elneil (2022), the claimant brought a clinical negligence action against the defendant in relation to a vaginal mesh claim. Enquiries were made beforehand of the correct address for service. There was no response in relation to a nominated address. The defendant was a director of a limited company and proceedings were served at that address.

Copies were also sent to the Medical Defence Union, which the defendant indicated was her insurer at the relevant time. There was no acknowledgment of service, no defence and the claimant, entered judgment in default.

Judgment was entered on 16 October 2019, although Order was not sealed until 3 April 2020. The claim was subsequently transferred to the High Court and listed for a CCMC on 16 December 2021.

The application by the defendant to set aside judgment was not made until 1 February 2022. Master Cook refused the defendant’s application to set aside a default judgment. Even at the time of the hearing to set aside judgment, the defendant did not have any cogent evidence to demonstrate that there was a real prospect of defending the claim. In any event, the defendant’s significant delay in making the application would have been refused on that ground alone. Leslie Keegan was successful in defeating the defendant’s application to set aside judgment in this claim.

You can read more about the case via Civil Litigation Brief’s website.


Related practice areas

For help or advice please call +44 (0)20 7242 3555 or complete 
the form below

A member of the Clerking team will help you resolve your request.

  • This field is for validation purposes and should be left unchanged.

Frequently asked questions

Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.

As a direct access client, please visit our direct access page and complete the initial form, a member of the clerking team will then be in touch to discuss the next steps.

Choosing the right barrister for your case can be difficult, with so many to choose from. Our clerks will be happy to guide you with your choice. Their wealth of knowledge and experience will help you decide the right barrister not just for the case but someone who will work with you.

Some barristers have the ability to “conduct litigation” for direct access clients. Our clerks will be able to assist you as to which of our members are trained and accredited to do so.

Please visit our direct access page for the initial steps on instructing a barrister, or contact our clerks on +44 (0)20 7242 3555.


Shortlist Builder


Select the legal expertise that you would like to download or add to the shortlist

Download Add to shortlist
Shortlist close
Title CV Email

Remove All


Legal Expertise

7BR is a leading set with barristers providing expertise and assistance to clients across a broad spectrum of practice areas.