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 setting aside judgment in this claim.

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

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