Medical Agencies

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Woollard   -v-  Fowler

This again is a highly significant decision which was we think is worth while detailing here despite the fact it will be familiar to practitioners by now. 

The appeal concerned three items in the Claimant’s bill paid to Mobile Doctors Limited.  The point, which had arisen on the Detailed Assessment, was whether the Claimant could recover the full amount charged by the medical reporting agency for providing her solicitors with a medical report and the medical records as a disbursement under the fixed costs regime.  

On the Detailed Assessment the Court had allowed the fees actually charged by the doctors but had refused to allow the fees charged by the medical agency. 

The appeal was allowed and the medical agency fees were recoverable as disbursements under the predictable costs regime. 

It was said that the predictable costs regime ought not to mean that the Court’s approach to medical agency fees should alter. 

The use of medical agencies had been widespread for a number of years and there was no reason why they should be treated in a different way under the predictable costs regime.