JXX v Scott Archibald

Facts

These were two detailed assessment proceedings in the Senior Courts Costs Office concerning the fees charged by Medical Reporting Organisations ("MROs"). In JXX, a protected party suing through his litigation friend ABB, the defendant Mr Scott Archibald challenged the medical disbursements and Medical and Professional Services Limited ("MAPS") was joined as third party; in HLA, a protected party suing through her mother and litigation friend HDA, the defendants were LXA and EUI Limited and Premex Services Limited was joined as third party. The defendants, insured-side, contended that MRO fees should be limited by a "Stringer cap" to work of the kind a solicitor instructing an expert directly would have done, and sought evidence from the claimant in JXX about the composition of the MRO fees. The Senior Costs Judge put the claimant in JXX to an election on disclosure of MRO fee information, the MROs were joined in both sets of proceedings, a confidentiality ring was established by consent, and a substantial hearing took place in November 2025 at which 27 witness statements were served for the claimants and six witnesses gave oral evidence. Judgment on the MRO issues was handed down on 17 March 2026; permission to appeal directly to the Court of Appeal was granted to all parties. This judgment determines the consequential costs.