COST BITES 49: ARE THE COSTS OF A MEDICAL AGENCY RECOVERABLE IN THE FIXED COSTS REGIME? DISTRICT JUDGE FINDS THAT THEY ARE

Are the costs of a medical agency recoverable under the fixed costs regime? I am grateful to barrister John Meehan for sending me a copy of the judgment of District Judge Phillips in Wilkinson-Mulvaney -v- UK Insurance Ltd (19th January 2023) which held that they were. A copy of the judgment can be found here. Wilkinson

“Had the drafters of the Rule and the Rule Committee wanted to limit the fees recoverable to those only paid to the doctor, the could have quite easily made this clear in the Rule, they chose not to do so.”

THE CASE

The judge was determining several issues relating to costs. The claimant pursued a claim for personal injury damages following a road traffic accident.  The matter settled for £16,468.99.    There was agreement in relation to costs and disbursements, except the costs of the medical reports and several court fees.

THE DEFENDANT’S OBJECTION TO THE COST OF THE MEDICAL REPORTS

The defendant’s objection was that the invoices relied upon failed to differentiate between the direct costs of the report and the medical agencies fees.  The defendant’s position was that medical agency fees are not recoverable. The only recoverable element was that of the doctor, together with fixed fees for obtaining medical records.

THE JUDGE’S FINDINGS ON THE MEDICAL AGENCY FEES

The judge carried out a detailed analysis of the rules and the case law on the topic, noting that there was no binding authority on the issue. He concluded that “the cost of obtaining a medical report” includes the cost of any medical agency fees incurred in the obtaining of such report.

At paragraph 56 the judge stated.

“Had the drafters of the Rule and the Rule Committee wanted to limit the fees recoverable to those only paid to the doctor, the could have quite easily made this clear in the Rule, they chose not to do so.”

The judge stated that it would be helpful for a breakdown to be given, since the court had to assess what sums were reasonable.   The fees charged by the experts were considered and reduced to the figure that the judge held to be reasonable and proportional.