In April 2026, Premex emailed their panel of medical experts announcing the introduction of a 15% service charge (plus VAT) on all invoices which are presented to them. The charge will be deducted from payments made to experts rather than invoiced separately. Initially it was announced that this would be from the 1st of May but we understand that this is now for work agreed after the 1st May 2026.
Premex have cited the recent judgment in JXX v Archibald [2026] EWHC 630 (SCCO), handed down by Senior Costs Judge Rowley on 17 March, as the trigger. In that case the judge capped the recoverable Medical Reporting Organisation mark-up at 25% of the expert’s invoice - though he was clear that a higher mark-up isn’t necessarily unreasonable, just that only 25% is recoverable inter partes. Premex’s position is that operating at a 25% cap makes their business unviable, and they are therefore recouping the shortfall from experts instead.
From the feedback we have had from members so far, it is unclear whether this relates to all experts (we are aware some have not received an email despite it saying it has been sent to all) or fixed fee cases opposed to hourly rates (there has been a suggestion that it might not cover fixed fees).
Premex cite as justification for the charge include marketing for new work, arranging appointments, obtaining and storing medical records, electronic instructions, data protection and ISO 27001/GDPR compliance, quality control of reports, fit and proper person checks, database maintenance, cyber security, clinical governance, early payment of invoices, credit control, and absorbing the risk of non-payment by law firms including cases where fees are written off due to client non-compliance or failed cases.
However, this would have been the work that they should have been doing previously for the costs they were charging. In addition, it is not clear whether they will still be applying the mark-up as well as applying the service charge. But we suspect this is the case, meaning that they are passing the consequences of an adverse ruling directly onto experts.
We have discussed the issue with Premex and they have confirmed that:
- The new fees will not be applied to instructions that have already been agreed.
- If you do not wish to sign the new terms and conditions but a case you had previously been instructed on requires additional work Premex will facilitate you being instructed directly.
- Most of the experts on their panel have used it as an opportunity to review their prices and increase the charge made to Premex
- They will be appealing the arbitrary nature of the 25% fee and will update those on their panel when they know more.
- Depending on the result of the appeal it may or may not mean they further change their approach.
Premex have issued a set of FAQs you can access these from the link below..
If you do work for Premex, we would recommend that you:
- Make sure you have received the email and if not, query why you have not received it.
- Review their FAQs and
- Review your Terms and Conditions and consider taking contractual advice as to whether the timescale they have given for the application of this service charge (especially for work all ready agreed to) meets the terms of your contract. If not, you should communicate this to Premex and seek agreement for this to be applies within the correct circumstances.
- Consider whether you need to take advice over any VAT considerations especially if they will be deducting their fee, plus VAT from the total sum of your fee plus VAT.
- Assess the consequences of this change on your expert witness practice and income and consider your options for which we have lots of advice in the Knowledge Hub, including our new Marketing Guide which has gone live today.