This article was originally published by Expert Witness in Issue 60, April 2025.
Disputes as to the recoverability of experts fees, particularly where Medical Reporting Organisations or MRO’s (also known as agencies) are used, are not new. I wrote about this very topic for Expert Witness back in 2023 following the widely reported decision in the case of Northampton General Hospital NHS Trust v Hoskin 2023. In that case His Honour Judge Bird, sitting at Manchester County Court noted the governing provision now is CPR PD 47, and in particular paragraph 5.2, which states that a party on assessment must serve copies of the fee notes of any expert in respect of fees claimed in the bill. Premex was said not to be an expert so this is not complied with by serving a copy of their fee note alone. He decided that a party must therefore provide the fee note of the expert instructed and, where such costs are claimed, details of the costs of any MRO. As that decision was at first instance it was hoped at the time that authoritative guidance would be given on appeal. However, the appeal in that case did not go ahead and the opportunity for more authoritative guidance was therefore missed.
However, in the recent decision of JXX v Archibald SCCO, 17 January 2025, the High Court has waded in with a very interesting decision which is likely to impact how everyone involved in personal injury and clinical negligence cases approaches the collation of expert evidence and the subsequent question of cost recovery.
In this case the Claimant was involved in a road traffic accident, and he suffered severe injuries. The Claimant’s solicitors used the agency called Medical and Professional Services Limited (MAPS) in order to obtain expert evidence. The Defendant disputed the fees claimed by MAPS. A breakdown of the experts’ fees and agency charges was requested but not provided. The disputed fees from MAPS totalled £120,946.00 including VAT.
The Court’s decision was to put the Claimant to their election as to whether to: (a) provide a breakdown of the expert and agency fees, allowing assessment of both components, or (b) have the fees assessed solely on the basis of the expert evidence, disregarding the agency’s work. Once the Claimant decides which approach they wish to take the Defendant will then be given an opportunity to provide comparative evidence in response.
Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
