JXX v Scott Archibald

JXX v Scott Archibald

In the absence of a breakdown between the expert's fee and the MRO's fee, the court cannot assess the reasonableness of the composite fee as required by established case law. The claimant must elect either to provide the requested breakdowns, in which case both expert and MRO work will be assessed, or proceed without them, in which case only the expert's evidence will be assessed and the MRO element disregarded. The defendant may then provide comparative evidence. The application to strike out the bill or assess at zero is not granted, but the claimant is put to an election as to the basis of assessment.

Parties
Claimant: JXX (a Protected Party by his Litigation Friend ABB); Defendant: Mr Scott Archibald
Jurisdiction
England and Wales
Judgment Date
17 January 2025
Procedural Posture
Costs Assessment Application / Ruling on Defendant's Application for Disclosure and Stay in Detailed Assessment Proceedings
Outcome
Application granted in part; claimant put to election as to basis of assessment of disputed fees.
Legal Topics
Expert Evidence Costs, Medical Reporting Organisations, Disclosure Obligations, Detailed Assessment, Reasonableness and Proportionality of Costs
Civil Procedure Costs Expert Evidence Costs Medical Reporting Organisations Disclosure Obligations Detailed Assessment Reasonableness and Proportionality of Costs

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Parties

JXX (a Protected Party by his Litigation Friend ABB)

Claimant

Mr Scott Archibald

Defendant

Procedural Posture

Costs Assessment Application / Ruling on Defendant's Application for Disclosure and Stay in Detailed Assessment Proceedings

Legal Issues

  1. 1 Whether the claimant's bill of costs is non-compliant with the Civil Procedure Rules for lack of expert fee breakdowns
  2. 2 Whether the claimant must provide copies of experts’ fee notes and breakdowns of MRO and expert costs
  3. 3 Whether the bill or claims for medical evidence should be struck out or assessed at zero in default of such disclosure

Ratio Decidendi

In the absence of a breakdown between the expert's fee and the MRO's fee, the court cannot assess the reasonableness of the composite fee as required by established case law. The claimant must elect either to provide the requested breakdowns, in which case both expert and MRO work will be assessed, or proceed without them, in which case only the expert's evidence will be assessed and the MRO element disregarded. The defendant may then provide comparative evidence. The application to strike out the bill or assess at zero is not granted, but the claimant is put to an election as to the basis of assessment.

Court Disposition

Application granted in part; claimant put to election as to basis of assessment of disputed fees.

Orders

  • Claimant to elect within a specified period whether to provide breakdowns of expert and MRO fees as sought by the defendant.
  • If breakdowns are provided, both expert and MRO work will be assessed; if not, only the expert's evidence will be assessed and the MRO element disregarded.