header-logo header-logo

Disclosing agency fees: if it ain’t broke…

05 July 2024 / Victoria Morrison-Hughes
Issue: 8078 / Categories: Features , Profession , Costs
printer mail-detail
Victoria Morrison-Hughes doubts whether the disclosure of agency fees would assist in the resolution of a cost dispute
  • Argues that a quest for the disclosure of agency fees with no corresponding agreement or methodology for assessing the value presents a risk to claimants and law firms, ultimately impacting access to justice.

On 8 March in the County Court at Central London, Judge Saggerson criticised the ‘little micro-industry of unknown and unknowable’ commissions and arrangement fees involved in personal injury claims, and held that medical reporting organisations (MROs) should provide a breakdown of their fees.

Ruling in in Aminu-Edu v Esure Insurance Company [2024] Lexis Citation 356, he went on to state that ‘the unavoidable suspicion is that the absence of transparency indicates that the agencies have something to hide’ (para [17]).

Pressures on profit margins

The recoverability of medical agency fees is clearly set out in the Civil Procedure Rules and in Stringer v Copley [2012] Lexis Citation 68, [2002] 5 WLUK 977 (HHJ Cook), and I reiterate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
back-to-top-scroll