Request for breakdown disproportionate and not required in fixed costs claim. The medical agency fights rumble on. Thanks to @civlittweet.bsky.social for sharing this one. www.linkedin.com/posts/costsl... - ThreadSky

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costs.bsky.social • 97 days ago

Request for breakdown disproportionate and not required in fixed costs claim. The medical agency fights rumble on. Thanks to @civlittweet.bsky.social for sharing this one.

https://www.linkedin.com/posts/costslawyer_cost-bites-197-another-round-in-the-medical-activity-7267163931180257281-x7gM?utm_source=share&utm_medium=member_desktop

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civlittweet.bsky.social•97 days ago

But... https://www.civillitigationbrief.com/2024/11/26/cost-bites-198-yet-another-round-in-the-medical-report-agency-fee-saga-claimant-ordered-to-provide-a-breakdown-of-the-bill/

costs.bsky.social•97 days ago

So it's clear two arguments in play and w/o definitive answer, namely do we need a breakdown and if so what does that breakdown look like? Some binding decision or authoritative judgment desperately needed else this will rumble on and on and on ... !

civlittweet.bsky.social•97 days ago

I'm not sure there are two arguments. In the Craven case the judge found that he did have a power to order disclosure of the breakdown. However if a fixed costs case, where the fee in question was £750 and reasonable in any event, it was not proportional to incur all those additional costs. 1/2

civlittweet.bsky.social•97 days ago

The judge said that, if the sums involved had been larger, he would have exercised his discretion differently.

costs.bsky.social•97 days ago

Though I'd add neither judgment is determinative or binding. A continuing state of paralysis on the point until either we have a binding judgment, CPRC intervention OR one side gives in.

costs.bsky.social•97 days ago

When I say two arguments in play what I mean was between the parties generally rather than by reference to the judgements themselves. I agree that Craven is clear that breakdown can be ordered in a fixed costs case! My view is that there are stronger arguments for one of those Q's than the other!

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