Joseph v McFaddens LLP [2025] EWHC 3596 (Ch) (17 November 2025)

Joseph v McFaddens LLP [2025] EWHC 3596 (Ch) (17 November 2025)

The judge was entitled to conclude that the three-day delay in serving the Particulars of Claim was serious and significant, particularly as it resulted in the claim becoming statute-barred and deprived the Respondent of a limitation defence. The judge did not err in his assessment or take into account irrelevant factors. The appeal is dismissed.

Citation
[2025] EWHC 3596 (Ch)
Parties
Claimant: Lynda Joseph; Defendant: McFaddens LLP
Jurisdiction
England and Wales
Judgment Date
17 November 2025
Procedural Posture
Appeal / Judgment on Appeal From Order Refusing Extension of Time for Service of Particulars of Claim
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Extension of Time, Limitation Period, Service of Particulars of Claim
Civil Procedure Professional Negligence Relief From Sanctions Extension of Time Limitation Period Service of Particulars of Claim

Case Brief

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Parties

Lynda Joseph

Claimant

McFaddens LLP

Defendant

Procedural Posture

Appeal / Judgment on Appeal From Order Refusing Extension of Time for Service of Particulars of Claim

Legal Issues

  1. 1 Whether a three-day delay in serving Particulars of Claim was 'serious and significant' under the Denton test
  2. 2 Whether the judge erred in refusing a retrospective extension of time for service of Particulars of Claim

Ratio Decidendi

The judge was entitled to conclude that the three-day delay in serving the Particulars of Claim was serious and significant, particularly as it resulted in the claim becoming statute-barred and deprived the Respondent of a limitation defence. The judge did not err in his assessment or take into account irrelevant factors. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of Deputy Master Raeburn refusing extension of time for service of Particulars of Claim upheld