PI Brief Update

The Devil's in the Detail-ed Assessment: XX (a protected party by her husband and litigation friend YY), ZZ v Jordan Young, Aviva Insurance Limited - Georgina Pressdee, Temple Garden Chambers

16/10/25. On 24 September 2025, Costs Judge Nagalingam handed down his judgment in XX (a protected party by her husband and litigation friend YY), ZZ v Jordan Young, Aviva Insurance Limited 2025] EWHC 2443 (SCCO). The case provides important guidance on the limits of detailed assessment, particularly concerning arguments regarding alleged fundamental dishonesty (FD).

The Issues

The central issue was whether the second Claimant’s conduct, exposed by surveillance evidence, warranted a reduction for misconduct per CPR 44.11(1)(b).

The Appeal

The Second Defendant (the RTA insurer) sought permission to appeal the detailed assessment decision (which had already reduced the Claimant's quantum-only costs by 34%) on the basis that the Judge erred by failing to consider –

1. The Claimant’s lack of explanation for why she accepted a settlement sum significantly less than pleaded;
2. A proportionality reduction for work incurred after a point when the Claimant allegedly should have recovered; and
3. A proportionality reduction for the accommodation claim which (the Defendant alleged) had failed.

Background

The second Claimant (aged 62 at the time) was struck by a vehicle while crossing the road. Her injuries included fractures to her pelvis and lower spine, a serious hip socket break, pulmonary bruising, a collapsed lung, and psychiatric injuries. The injuries necessitated surgery and resulted in...

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