PD 47 para.5.2(c) requires a party commencing detailed assessment proceedings to serve with the Bill of Costs “copies of the fee notes of … any expert in respect of fees claimed in the bill”. Many solicitors use medical agencies to obtain medical reports. The invoices provided by such agencies rarely provide any breakdown between the […]
Disclosure of experts’ fee notes Read More »
Friston on Costs (Fourth Edition) does not just deal with the big ticket items. In relation to medical records, the historical position is set out: “Prior to 25 May 2018, the Data Protection Act 1998 created a qualified right of access to medical records. Delegated legislation made under that Act limited the fee that could
Cost of obtaining medical records Read More »
There used to be a very old rule whereby counsel was entitled to their full brief fee once the brief had been delivered even if the case settled before the date fixed for the hearing. This is no longer the case. A recent example of the correct approach is to be found in the decision
Counsel’s brief fee where case settles early – Hankin v Barrington Read More »
Significant costs, and much valuable court time, is taken up re-arguing identical points of principle in costs litigation due to the absence of a binding authority. So it is with the issue of the recoverability of court fees. An example is where a claimant pays court fees and subsequently seeks to recover those from the
Last week in Marbrow v Sharpes Garden Services Ltd [2020] EWHC B26 (Costs) (10 July 2020) the Senior Costs Judge Master Gordon-Saker handed down a reserved judgment in relation to three discreet issues where I acted for the Defendant paying party. None of the issues were novel, but they are ones that have continued to
Recovery of interest paid on disbursement funding loan Read More »
When dealing with high value personal injury litigation, paying parties tend not to lose much sleep over the issue of whether VAT should be paid on the full amount of medical records fees, where the medical records are obtained through a medical reporting organisation (“MRO”), or whether VAT should only apply to the MRO’s administration
VAT on medical agency fees Read More »
I recently looked at the case of Beardmore v Lancashire County Council where the court allowed recovery of medical agency fees (limited to £30 in addition to the direct costs) for obtaining medical records in an EL/PL Portal claim. These records were presumably obtained by the medial agency from the GP/hospital under the Data Protection (Subject
GDPR and medical records Read More »
In Beardmore v Lancashire County Council (County Court at Liverpool, 1/2/19), His Honour Judge Graham Wood QC allowed the claimant to recover medical agency fees incurred in obtaining medical records in an EL/PL Portal claim despite the fact there is no express allowance for this in the CPR, unlike the RTA Portal rules. A medical agency
Cost of obtaining medical records in EL/PL Portal claims Read More »
