Choudhury v Kingston Hospital NHS Trust

Choudhury v Kingston Hospital NHS Trust

Fees charged by medical reporting agencies for obtaining medical reports and records are recoverable as disbursements under CPR 45.10 in the fixed costs regime, provided they are reasonable, proportionate, and do not include administration fees.

Parties
Appellant/claimant: Mr I Woollard; Appellant/claimant: Mrs D Woollard; Respondent/defendant: Mr R Fowler
Jurisdiction
England and Wales
Judgment Date
02 May 2006
Procedural Posture
Civil Appeal / Appeal From Detailed Costs Assessment
Outcome
appeal allowed
Legal Topics
Fixed Costs Regime, Disbursements, Personal Injury, Medical Agency Fees
Civil Procedure Costs Fixed Costs Regime Disbursements Personal Injury Medical Agency Fees

Case Brief

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Parties

Mr I Woollard

Appellant/claimant

Mrs D Woollard

Appellant/claimant

Mr R Fowler

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Detailed Costs Assessment

Legal Issues

  1. 1 Whether fees charged by a medical reporting agency for obtaining medical reports and records are recoverable as disbursements under CPR 45.10 in the fixed costs regime

Ratio Decidendi

Fees charged by medical reporting agencies for obtaining medical reports and records are recoverable as disbursements under CPR 45.10 in the fixed costs regime, provided they are reasonable, proportionate, and do not include administration fees.

Court Disposition

appeal allowed

Orders

  • Medical agency fees for obtaining medical reports and records are recoverable as disbursements under CPR 45.10.
  • Detailed assessment to allow the disputed agency fees as disbursements.