NLJ this week: The battle over medical report fees intensifies

Analysing JXX v Archibald, Kilsby explains how Senior Costs Judge Rowley rejected demands for MROs to produce solicitor-style breakdowns of their fees, ruling instead that such charges are recoverable disbursements.

But while the judgment provides long-awaited clarity, controversy remains over the judge’s ‘broad-brush’ approach and his conclusion that only a 25% uplift on expert fees should generally be recoverable. Kilsby warns that the ‘unrecoverable’ element may ultimately come out of claimants’ damages, alongside success fees and insurance premiums.

With neither side likely to be satisfied, he predicts the ‘war on MRO fees’ may yet continue through further appeals.