Joseph v McFaddens LLP [2024] EWHC 2447 (Ch) (01 October 2024)

Joseph v McFaddens LLP [2024] EWHC 2447 (Ch) (01 October 2024)

The Claimant failed to serve the Particulars of Claim within the period of validity of the Claim Form as required by CPR rules. The relevant step for service was taken after the deadline, and the deeming provisions do not extend the period for valid service. The breach was serious and significant, no good reason was provided for the delay, and relief from sanctions was not justified. The Court therefore has no jurisdiction over the claim.

Citation
[2024] EWHC 2447 (Ch)
Parties
Claimant: Lynda Maxine Franka Joseph; Defendant: McFaddens LLP
Jurisdiction
England and Wales
Judgment Date
01 October 2024
Procedural Posture
Civil Business and Property / Interlocutory Applications: Jurisdiction and Relief From Sanctions
Outcome
Claim dismissed for want of jurisdiction due to late service of Particulars of Claim.
Legal Topics
Service of Particulars of Claim, Jurisdiction, Relief From Sanctions, Extension of Time, Breach of Contract, Fiduciary Duty, Professional Negligence
Civil Procedure Contract Law Professional Negligence Service of Particulars of Claim Jurisdiction Relief From Sanctions Extension of Time Breach of Contract +1 more

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Parties

Lynda Maxine Franka Joseph

Claimant

McFaddens LLP

Defendant

Procedural Posture

Civil Business and Property / Interlocutory Applications: Jurisdiction and Relief From Sanctions

Legal Issues

  1. 1 Whether the Claimant served the Particulars of Claim within the period of validity of the Claim Form
  2. 2 Whether the Court should grant retrospective permission for extension of time 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 CPR rules. The relevant step for service was taken after the deadline, and the deeming provisions do not extend the period for valid service. The breach was serious and significant, no good reason was provided for the delay, and relief from sanctions was not justified. The Court therefore has no jurisdiction over the claim.

Court Disposition

Claim dismissed for want of jurisdiction due to late service of Particulars of Claim.

Orders

  • Declaration that the Court has no jurisdiction in this claim.
  • Claimant's application for retrospective extension of time and relief from sanctions dismissed.