JXX v Archibald [2025] EWHC 69 (SCCO) (17 January 2025)

JXX v Archibald [2025] EWHC 69 (SCCO) (17 January 2025)

If the claimant does not provide a breakdown of the expert and MRO fees as sought by the defendant, the court will assess the composite invoices solely on the reasonableness of the expert's evidence, disregarding any additional MRO work. The claimant is given an election: either provide the breakdown and have the...

Source-derived case information.

Citation
[2025] EWHC 69 (SCCO)
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 / Judgment on Defendant's Application Regarding Bill of Costs Compliance and Disclosure
Outcome
Application granted in part; claimant given election to provide breakdown or proceed on expert-only basis
Legal Topics
Expert Evidence Fees, Medical Reporting Organisations, Disclosure Obligations, Detailed Assessment, Reasonableness and Proportionality of Costs
Civil Procedure Costs Expert Evidence Fees 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 / Judgment on Defendant's Application Regarding Bill of Costs Compliance and Disclosure

Legal Issues

  1. 1 Whether the claimant's bill of costs is compliant with the Civil Procedure Rules regarding disclosure of expert fee notes and breakdowns for MRO and expert fees
  2. 2 Whether the claimant must provide separate breakdowns of MRO and expert fees to justify costs claimed
  3. 3 Whether failure to provide such breakdowns justifies striking out the bill or assessing medical evidence costs at zero

Ratio Decidendi

If the claimant does not provide a breakdown of the expert and MRO fees as sought by the defendant, the court will assess the composite invoices solely on the reasonableness of the expert's evidence, disregarding any additional MRO work. The claimant is given an election: either provide the breakdown and have the full fee (including MRO work) assessed, or proceed without it and have only the expert's work assessed for reasonableness. The burden is on the receiving party to evidence its claims; failure to do so may result in reduction of recoverable costs.

Court Disposition

Application granted in part; claimant given election to provide breakdown or proceed on expert-only basis

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, fees will be assessed including MRO work; if not, fees will be assessed solely on the expert's evidence.