JXX v Scott Archibald [2025] EWHC 69 (SCCO)

 

Summary

In considering whether the claimant should be required to provide a breakdown of expert and medical agency fees, the judge decided to offer the claimant the option of either providing the breakdown of expert and medical reporting organisation fees, to enable an assessment of the work of both the expert and the MRO, or not providing that information and having the expert fees assessed on the hypothetical basis that there was no medical reporting organisation involved.

Learning points

• This is another case on whether claimants should be required to provide a separate breakdown of the fees of the expert and the medical agency. You can read EWI’s current view on this issue at: Advice on Expert Fees after CXR v Dome Holdings

• In this case, the claimant was given the option by the judge of either:

  • Providing the breakdown of expert and medical reporting organisation fees to enable an assessment of the work of both the expert and the MRO, or

  • Not providing that information and having the expert fees assessed on the hypothetical basis that there was no medical reporting organisation involved.

• The judge noted that the defendant would be permitted to provide comparative evidence (e.g. from the fees of the experts in other cases) to assist in this assessment.

• This is an ongoing case, which is worth paying attention to, as it may lead to a precedent on this issue if the parties chose to appeal the judgment. The judge indicated in his judgment that he would give the parties leave to appeal if they wished to do so, given the need for guidance on this issue. 

• The Ministry of Justice has also indicated that it will consider the issue of whether a breakdown in expert and agency fees should be required as part of its FRC Stocktake in early 2025.

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