header-logo header-logo

05 July 2024 / Victoria Morrison-Hughes
Issue: 8078 / Categories: Features , Profession , Costs
printer mail-detail

Disclosing agency fees: if it ain’t broke…

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll