JXX v Archibald [2026] EWHC 630 (SCCO) (17 March 2026)

JXX v Archibald [2026] EWHC 630 (SCCO) (17 March 2026)

MRO fees are recoverable as disbursements provided they are reasonable in amount; they are not limited by comparison to hypothetical solicitors' work and do not require a breakdown equivalent to solicitors' bills. Funding costs, including prompt payment and write-off facilities, are not recoverable as legal costs.

Citation
[2026] EWHC 630 (SCCO)
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
Detailed Assessment of Costs in Personal Injury/clinical Negligence Claims / Post Settlement, Assessment of MRO Fees Only
Outcome
MRO fees allowed as reasonable disbursements, not as outsourced solicitors' work; funding costs not recoverable.
Legal Topics
Recoverability of Medical Reporting Organisation Fees, Disbursement Vs Outsourced Solicitors' Work, Funding Costs, Breakdown of Fees, Reasonableness of Costs
Costs Law Personal Injury Clinical Negligence Recoverability of Medical Reporting Organisation Fees Disbursement Vs Outsourced Solicitors' Work Funding Costs Breakdown of Fees Reasonableness of Costs

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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

Detailed Assessment of Costs in Personal Injury/clinical Negligence Claims / Post Settlement, Assessment of MRO Fees Only

Legal Issues

  1. 1 Are Medical Reporting Organisation (MRO) fees recoverable as disbursements or outsourced solicitors' work?
  2. 2 Is a breakdown of MRO fees required for recoverability?
  3. 3 Are funding costs (prompt payment/write-off facility) recoverable?

Ratio Decidendi

MRO fees are recoverable as disbursements provided they are reasonable in amount; they are not limited by comparison to hypothetical solicitors' work and do not require a breakdown equivalent to solicitors' bills. Funding costs, including prompt payment and write-off facilities, are not recoverable as legal costs.

Court Disposition

MRO fees allowed as reasonable disbursements, not as outsourced solicitors' work; funding costs not recoverable.

Orders

  • MRO fees in both cases to be assessed as disbursements without breakdown requirement.
  • Funding costs (prompt payment/write-off facility) disallowed.