Valuation and Vigilance: What Johnson v Choice Support Means for PI Protocols.
Following the recent decision it’s worth being aware of if you deal with low-value personal injury claims under the Pre-Action Protocol for EL/PL cases. The case of Julie Johnson v Choice Support ([2025] EWHC 1020 (SCCO)) offers some useful guidance—particularly around how claims are valued and the importance of providing detailed file material during costs assessments. It’s a helpful reminder of the need to stay on top of procedural compliance if you want to maximise cost recovery.
In Johnson v Choice Support, the claimant suffered a back injury in December 2018 while helping a patient at work, which turned out to be a herniated disc with foot drop—requiring treatment and causing some loss of earnings. The case eventually settled, with the defendant agreeing to pay inter partes costs. But things got interesting at the detailed assessment stage, the claimant’s solicitors didn’t submit a full file of papers, opting instead for a witness statement from a senior lawyer at Thompsons, along with a fairly limited bundle of documents. The defendant pushed back, arguing the Protocol didn’t apply as they didn’t consider it a low-value claim within scope.
The Court focused on two main points, whether the Pre-Action Protocol applied, and whether the claimant’s cost submission was adequate. On the first issue, the judge concluded that the claim did fall within the Protocol—it was a relatively minor injury and nothing in the medical history suggested the case was too complex to be excluded. As for the costs submission, the judge was clear, the claimant’s solicitors hadn’t provided a full file, relying instead on a limited bundle and a witness statement. That wasn’t enough. The judgment makes it clear that a detailed assessment needs a full set of papers—without that, the court can’t properly assess the costs. It’s a firm reminder of the need to comply with procedural requirements if you want to recover costs effectively.
How can PIC assist?
This recent case—Julie Johnson v Choice Support—really highlights how important it is to follow the correct procedures when it comes to low-value personal injury claims, especially during cost assessments. That’s where PIC can add real value. PIC can help by preparing detailed and compliant submissions, making sure all the necessary documentation is pulled together and presented in line with the Civil Procedure Rules and relevant protocols. It’s all about ensuring nothing is missed and putting you in the best position to recover your costs in full.
Samantha Fretwell, Senior Legal Costs Consultant
12.06.2025