JXX (a Protected Party by his Litigation Friend ABB) v Scott Archibald

JXX (a Protected Party by his Litigation Friend ABB) v Scott Archibald

MRO fees are recoverable as disbursements, not as outsourced solicitors' work. The court is not required to compare MRO fees to hypothetical solicitors' charges or demand a breakdown equivalent to solicitors' time recording. Funding costs (deferment, write-off facilities) are not irrecoverable elements in the MRO fee in this context. However, the court must assess the reasonableness of the MRO mark-up between the parties. On the evidence, a mark-up of 25% on the expert's fee is reasonable and proportionate; any higher percentage is not recoverable between the parties.

Parties
Claimant: JXX (a Protected Party by his Litigation Friend ABB); Defendant: Mr Scott Archibald; Third Party: Medical and Professional Services Limited; Claimant: HLA (a Protected Party by her mother and Litigation Friend HDA); Defendant: LXA; Defendant: EUI Limited; Third Party: Premex Services Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Costs Assessment (personal Injury/clinical Negligence) / Detailed Assessment Judgment
Outcome
MRO fees recoverable as disbursements, subject to a 25% mark-up cap; higher percentages disallowed.
Legal Topics
Recoverability of Medical Reporting Organisation (mro) Fees, Disbursements Vs Outsourced Solicitors' Work, Assessment of Reasonableness and Quantum of MRO Fees, Funding Costs in Litigation, Breakdown and Deconstruction of Disbursements
Civil Procedure Costs Law Recoverability of Medical Reporting Organisation (mro) Fees Disbursements Vs Outsourced Solicitors' Work Assessment of Reasonableness and Quantum of MRO Fees Funding Costs in Litigation Breakdown and Deconstruction of Disbursements

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Parties

JXX (a Protected Party by his Litigation Friend ABB)

Claimant

Mr Scott Archibald

Defendant

Medical and Professional Services Limited

Third Party

HLA (a Protected Party by her mother and Litigation Friend HDA)

Claimant

LXA

Defendant

EUI Limited

Defendant

Premex Services Limited

Third Party

Procedural Posture

Costs Assessment (personal Injury/clinical Negligence) / Detailed Assessment Judgment

Legal Issues

  1. 1 Are MRO fees recoverable as disbursements or as outsourced solicitors' work?
  2. 2 Is a breakdown of MRO fees required for recoverability?
  3. 3 Are funding costs (deferment, write-off facilities) included in MRO fees recoverable?

Ratio Decidendi

MRO fees are recoverable as disbursements, not as outsourced solicitors' work. The court is not required to compare MRO fees to hypothetical solicitors' charges or demand a breakdown equivalent to solicitors' time recording. Funding costs (deferment, write-off facilities) are not irrecoverable elements in the MRO fee in this context. However, the court must assess the reasonableness of the MRO mark-up between the parties. On the evidence, a mark-up of 25% on the expert's fee is reasonable and proportionate; any higher percentage is not recoverable between the parties.

Court Disposition

MRO fees recoverable as disbursements, subject to a 25% mark-up cap; higher percentages disallowed.

Orders

  • MRO fees allowed at a maximum mark-up of 25% on the expert's fee; any higher percentage claimed is limited to 25%.
  • No further breakdown of MRO fees required for recoverability.