Costs Room - Legal Costs & Medico Legal Services

MEDICAL AGENCY BREAKDOWN UNNECESSARY. Costs Room - Legal Costs & Medico Legal Services were instructed to assist with a disputed medical report fee. We have today received a Judgment dated 22.11.2024 from Deputy District Judge Martindale sitting at Gloucester and Cheltenham County Couty allowing a Ophthalmologist report fee in FULL. DDJ Martindale "a breakdown of the work undertaken, calculation of the fee and element of the agency fee is unnecessary. The Court is guided by reasonableness and proportionality. The request to disallow the fee for failure to provide all of the requested information is dismissed".

Our in-house advocate Kevin Ward attended Bromley County Court today to recover a disputed MRI Scan fee (obtained via a medical agency) claimed at £1,475.00 in a fixed costs RTA matter. Damages agreed £33,000.00 prior to listed trial. Costs Room - Legal Costs & Medico Legal Services were instructed to assist the Claimant Solicitor and prepare a costs application for assessment. Costs Counsel for the Defendant submitted that a breakdown of the medical fee was required. Following submissions from both parties, District Judge Watson allowed the MRI Scan fee in FULL without a breakdown being provided. The Defendant was ordered to pay the Claimant's costs of the assessment process.

MEDICAL AGENCY FEE BREAKDOWN NOT REQUIRED. We were instructed on behalf of a Claimant Solicitor to recover a medical report fee arising from a Occupiers Liability claim. Damages were agreed post issue in the sum of £18,000.00. The Claimant claimed costs pursuant to Table 6D of CPR 45.29E and disbursements pursuant to CPR 45.29I. All cost items were agreed save for a dental report fee claimed at £3,222.82. The Defendant disputed the dental report fee and made a reduced offer whilst requesting a breakdown of the fees. Costs Room - Legal Costs & Medico Legal Services prepared an application for assessment of the disputed item. No breakdown was provided. The case proceeded to assessment at Aldershot & Farnham County Court on 21.10.24 and Deputy District Judge Paddington considered both parties lengthy written submissions and allowed the dental report fee in FULL. The Defendant was ordered to pay the Claimant's costs of the assessment.

Is the Senior Courts Cost Office the most efficient Court in the Country? Provisional Assessment Hearing request filed 04.09.24 Provisional Assessment outcome received 12.09.24 And a win for our instructing Solicitor!

We were recently instructed by a Claimant Solicitor to assist with costs recovery arising from a RTA in April 2021. Our instructing Solicitor client represented two Claimants. A letter of claim was submitted on both cases due to the claims being valued above the MOJ RTA Portal threshold of £25,000.00. Claimant 1 - damages agreed at £3,000.00 and Claimant 2 - damages agreed at £20,000.00. Part 7 court proceedings were not required in either claim. Costs Room - Legal Costs & Medico Legal Services submitted standard hourly rate bills of costs as fixed costs did not apply. The Defendant's Solicitor attempted to argue that portal costs should apply due to the level of agreed damages. Our director Kevin Ward successfully secured hourly rate costs on both cases. The correct test is based on the valuation at the outset and not the amount of agreed damages.

COSTS UPDATE: We were instructed to assist a Claimant Solicitor with recovery of their success fee and ATE premium from client damages arising from a clinical negligence claim. An order was made for detailed assessment pursuant to CPR 46.4. Our advocate Kevin Ward submitted the application and obtained a 75% success fee award at Court resulting in full recovery of 25% deduction of damages plus ATE premium in full. Total deductions from client damages were £99,906.88. In addition, Costs Room - Legal Costs & Medico Legal Services recovered £280,00.00 in costs from the Defendant.

A great start to Friday, a Defendant insurer has agreed to pay our Solicitor client's hourly rate bill of costs as claimed. The bill of costs was only submitted yesterday.

FIXED RECOVERABLE COSTS UPDATE: District Judge Clarke at Burnley County Court confirms in Gardner v Pipinka 'a breakdown of the medical agency fees would NOT assist because those fees are not relevant to the assessment of reasonableness inter parties'. We continue to reject Defendants requests for medical fee breakdowns with Burnley County Court, Norwich County Court, Liverpool County Court and Wigan County Court accepting our position in the last few weeks. If you are facing difficulties with recovery on medical fee disbursements, we are here to assist.

Costs Room were recently instructed to assist a Claimant with recovery of their legal costs following a successful Cavity Wall Insulation claim. The bill of costs was claimed at £34,340.12 and provisionally assessed by Manchester County Court at £33,564.38. The Defendant sought to challenge the provisional assessment and requested an oral review hearing. The Defendant had failed to comply with the rules for requesting an oral review hearing and therefore the Court ordered the provisional assessment outcome to stand. The Defendant made an application for relief from sanctions. Our costs advocate, Kevin Ward dealt with the application hearing and the Defendant's application was dismissed and further costs awarded to the Claimant. The outcome in numbers: - Bill of costs assessed £33,564.38 - 10% uplift for beating own P36 offer £3,356.44 - Interest award £5,990.09 - Assessment and application costs £7,992.30 TOTAL COSTS AWARD £50,903.21.

Fixed Costs Update: We have successfully acted for a Claimant Solicitor who required assistance with recovery of medical fee disbursements arising from a fixed costs RTA claim. The Defendant refused to make any offers for the medical report fees on the basis they requested a breakdown of the medical fees between medical agency and medical expert. Costs Room prepared an application to have the costs assessed and detailed written submissions were exchanged between the parties. The matter was listed for a Costs Hearing and the Court awarded the Psychiatrist report fees as claimed at £2,654.00 plus VAT and the Plastic Surgeon report fees as claimed at £1,311.00 plus VAT. In addition, the Defendant was ordered to pay the Claimant's costs of the assessment process. Our team have been dealing with fixed cost disputes since 2003 and we continue to assist on a No Win No Fee basis. If you require assistance, please contact us enquiries@costsroom.co.uk / 01695 577 777 or Kevin Ward