Likely Changes in Expert Medical Reports

The decision in JXX v Archibald [2026] EWHC 630 (SCCO) is likely to change the way medical evidence is commissioned, invoiced and justified in personal injury and clinical negligence claims.

The most immediate change is likely to be greater transparency on invoices. The court noted that one advantage of a maximum recoverable percentage is that it can be stated clearly on the MRO invoice. In practice, claimant firms should expect paying parties to look closely at whether an invoice separates the expert’s own fee from the MRO charge, and whether the MRO charge exceeds 25%.

We are also likely to see solicitors reviewing their medical reporting arrangements. Where an MRO charges more than 25%, there may be a shortfall on assessment unless the provider, solicitor or client absorbs the difference. That is particularly important in serious injury and clinical negligence cases, where multiple expert reports can produce substantial cumulative fees.

The judgment also confirms the continuing value of MROs. The court recognised that MROs assist with identifying experts, arranging appointments, gathering records, ensuring compliance and managing the practical work needed to obtain medical evidence. The issue is not whether MROs can be used, but what amount can reasonably be recovered from the other side.

For law firms, the safest approach is now to work with providers whose charging structure is clear from the outset. Expert fees should be transparent, original expert fee notes should be available, and any administrative fee should be separately identified and proportionate.

At MedMost, that is already how we operate. We do not mark up experts’ fees. We provide the expert’s original fee note, so there is complete transparency as to the underlying expert charge. Our administrative fee is charged separately and is never more than 25% of the expert’s fee. (MedMost)

Following JXX v Archibald, that approach is likely to become the benchmark. Clear fees, transparent documentation and proportionate administration charges will make expert evidence easier to justify, easier to recover and less vulnerable to challenge on assessment.