The decision in JXX v Archibald has provided long-awaited clarity on the recoverability of Medical Reporting Organisation (MRO) fees in detailed assessment proceedings.

For firms handling personal injury and clinical negligence claims, this judgment is particularly significant. It addresses the extent to which agency involvement and expert-related charges can be recovered, and where the court is prepared to draw the line.

The Background: MRO Fees and Expert Evidence

In many cases involving personal injury or clinical negligence, expert evidence is obtained through a medical agency or reporting organisation. These organisations arrange the instruction of experts and handle the administrative side of medical reporting.

However, their involvement often results in additional charges being included within the bill of costs, beyond the expert’s fee itself. This has led to ongoing disputes during detailed assessment proceedings, particularly where the receiving party seeks to recover fees that go beyond what might be considered reasonable for the expert’s work alone.

In the period leading up to JXX v Archibald, including throughout 2025, there was ongoing uncertainty around the recoverability of MRO fees. Courts and costs practitioners adopted differing approaches during detailed assessment proceedings, particularly when considering the extent of agency involvement and the fees claimed beyond the expert’s fee itself. This lack of consistency created regular disputes between receiving and paying parties, leaving the position unclear until more definitive guidance emerged.

The Key Issue Before the Court

The central question in JXX v Archibald was whether MRO fees, and specifically any uplift or mark-up applied by a medical reporting agency, are recoverable inter partes.

The court also considered whether such costs were incurred solely for the expert or whether the agency’s involvement justified additional recovery.

The Decision

The Senior Costs Judge, Costs Judge Rowley, confirmed that MRO fees can, in principle, be recoverable.

However, the court drew a clear distinction between:

• The expert’s fee (generally recoverable), and
• Additional charges applied by the agency

Importantly, the court indicated that mark-ups exceeding 25% are unlikely to be recoverable, with any excessive uplift at risk of being assessed at nil or significantly reduced.

This reflects a broader emphasis on ensuring that costs claimed are proportionate and reasonably incurred, rather than inflated through agency involvement.

What This Means for Receiving Parties

For the receiving party, this decision introduces a clear risk when claiming MRO-related costs within a bill of costs.

• High mark-ups applied by a medical agency are now far more vulnerable to challenge
• Costs must be justified as reasonable and proportionate, not simply incurred
• Fee notes and supporting evidence will be critical in demonstrating the value of the work undertaken
• There is a real possibility that excessive elements could be reduced or assessed at nil

Firms should therefore take a more cautious approach when including agency-related charges in their claims.

What This Means for Paying Parties

For paying parties, the decision provides stronger grounds to challenge inflated disbursements.

• MRO fees can be scrutinised in detail during assessment
• Arguments can be made that certain costs were not incurred solely for the expert
• The involvement of a medical agency does not automatically justify higher recoverable costs
• There is now clearer authority to reduce disproportionate charges

This is likely to lead to more robust challenges in detailed assessment proceedings going forward.

A Shift in Approach to Medical Reporting Costs

This decision reflects a wider trend in the High Court and the Senior Courts Costs Office toward tighter control of disbursements.

There is increasing focus on:

• Whether costs are genuinely reasonable
• Whether they have been approved by the court (where relevant)
• Whether they represent a proportionate expense in the context of the claim

The judgment reinforces that recoverable costs are not determined solely by what has been charged, but by what can be justified on assessment.

Practical Takeaways

The decision in JXX v Archibald signals a more disciplined approach to the recovery of MRO fees and expert-related costs. While such fees remain recoverable in principle, they will now be subject to closer scrutiny, particularly where mark-ups appear excessive. A figure of around 25% is emerging as a key benchmark, and anything beyond that is increasingly difficult to justify without strong supporting evidence.

For receiving parties, this means adopting a more cautious and evidence-led approach when preparing a bill of costs, ensuring that all charges can be clearly explained and justified. For paying parties, the decision strengthens the ability to challenge disproportionate disbursements and to push back on costs that do not reflect work carried out solely for the expert. Overall, the emphasis is firmly on proportionality, transparency, and proper justification.

Conclusion

The ruling in JXX v Archibald is likely to have a lasting impact on how expert-related costs are approached in both personal injury and clinical negligence litigation.

By drawing a clearer boundary around recoverable MRO fees, the court has signalled a stricter approach to agency involvement and the fees claimed. For litigators, the message is clear: careful scrutiny, strong justification, and proportionality are now more important than ever when seeking to recover costs.

How Can Greener Costs Support?

Aside from understanding the implications of JXX v Archibald, Greener Costs provides specialist guidance across all aspects of costs recovery, assessment, and negotiation.

Whether you are preparing a bill of costs, challenging disproportionate disbursements, or seeking clarity on expert-related fees, our team can help you navigate the complexities of detailed assessment proceedings.

For tailored advice and practical support, contact us today:
Email: info@greenercosts.co.uk
Phone: 01204263047

We help firms ensure costs are accurately prepared, reasonably claimed, and maximised where recoverable, supporting you every step of the way.