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
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