Lynda Maxine Franka Joseph v McFaddens LLP

Lynda Maxine Franka Joseph v McFaddens LLP

The Claimant failed to serve the Particulars of Claim within the period of validity of the Claim Form as required by the Civil Procedure Rules. The relevant date is when the step required for service was taken, not the deemed service date. The breach was serious and significant, there was no good reason for the delay, and relief from sanctions was not justified. The Court therefore has no jurisdiction over the claim.

Parties
Claimant: Lynda Maxine Franka Joseph; Defendant: McFaddens LLP
Jurisdiction
England and Wales
Judgment Date
10 January 2024
Procedural Posture
Civil Contract/professional Negligence / Jurisdictional Challenge and Application for Extension of Time
Outcome
Claim struck out for want of jurisdiction; application for extension of time and relief from sanctions dismissed.
Legal Topics
Service of Claim Form, Extension of Time, Relief From Sanctions, Jurisdiction, Deemed Service
Civil Procedure Contract Law Professional Negligence Service of Claim Form Extension of Time Relief From Sanctions Jurisdiction Deemed Service

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Parties

Lynda Maxine Franka Joseph

Claimant

McFaddens LLP

Defendant

Procedural Posture

Civil Contract/professional Negligence / Jurisdictional Challenge and Application for Extension of Time

Legal Issues

  1. 1 Whether the Particulars of Claim were served within the period of validity of the Claim Form
  2. 2 Whether the Court should grant retrospective permission to serve the Particulars of Claim and relief from sanctions

Ratio Decidendi

The Claimant failed to serve the Particulars of Claim within the period of validity of the Claim Form as required by the Civil Procedure Rules. The relevant date is when the step required for service was taken, not the deemed service date. The breach was serious and significant, there was no good reason for the delay, and relief from sanctions was not justified. The Court therefore has no jurisdiction over the claim.

Court Disposition

Claim struck out for want of jurisdiction; application for extension of time and relief from sanctions dismissed.

Orders

  • Declaration that the Court has no jurisdiction due to late service of Particulars of Claim.
  • Claimant's application for retrospective extension of time and relief from sanctions dismissed.