Ndifreke Bassey v Shanardo Travis Whittaker & Anor

Facts

The claimant, Mr Ndifreke Bassey, was a pedestrian struck down by a car driven by the first defendant, Mr Shanardo Travis Whittaker. His injuries were so serious that he is now a protected person lacking capacity to conduct litigation, and his wife acts as his litigation friend. The first defendant has played no part in the proceedings; the second defendant, his insurer Watford Insurance Company Europe Limited, conceded liability, so the claim is now concerned only with the assessment of damages. The case was allocated to the multi-track on 27 March 2024. At a case and costs management hearing on 18 December 2024, DJ Maddison entered judgment for damages to be assessed, gave detailed directions for expert evidence, disclosure and witness statements, and approved the claimant's budget at £1,028,580.85 against a Precedent H claiming £1,981,163.55; the insurer's budget was agreed at £341,382.01. Following an application by the insurer, a consent order made on 27 November 2025 by DJ McLoughlin varied the directions and provided for Precedent Ts to be filed under CPR 3.15A. The claimant's Precedent T sought a further £238,350. At a hearing on 6 February 2026 DJ McLoughlin found there had been no significant developments but nonetheless directed a further hearing to fix the increased costs. The insurer appealed, permission having been granted by Soole J on the papers on 29 May 2026.