On 18 July 2023, the MOJ launched an open consultation for Revisions to the Medical Reporting Process for Road Traffic Accident Claims to review the effects of the whiplash reforms and recent economic conditions on the medico-legal sector.

 

One aspect of this consultation which is of particular interest is the proposed reforms to Fixed Cost Medical Reports as disbursements under CPR 45.19(2A).

 

The rule in questions currently provides that:

 

(2A) In a soft tissue injury claim, or a claim which consists of, or includes, a claim for a whiplash injury, to which the RTA Protocol applies, the only sums (exclusive of VAT) that are recoverable in respect of the cost of obtaining a fixed cost medical report or medical records are as follows—

(a) obtaining the first report from an accredited medical expert selected via the MedCo Portal: £180;

(b) obtaining a further report where justified from an expert from one of the following disciplines—

(i) Consultant Orthopaedic Surgeon (inclusive of a review of medical records where applicable): £420;

(ii) Consultant in Accident and Emergency Medicine: £360;

(iii) General Practitioner registered with the General Medical Council: £180; or

(iv) Physiotherapist registered with the Health and Care Professions Council: £180;

(c) obtaining medical records: no more than £30 plus the direct cost from the holder of the records, and limited to £80 in total for each set of records required. Where relevant records are required from more than one holder of records, the fixed fee applies to each set of records required;

(d) addendum report on medical records (except by Consultant Orthopaedic Surgeon): £50; and

(e) answer to questions under Part 35: £80.

 

The amounts for these disbursements were originally set in in 2014 and were intended to cover the cost of the examination by the expert and the medical report itself. Since this time inflation has effectively devalued these disbursements by about 30%. According to the Bank of England, £180 in 2014 is now worth £236 and £420, £552. Further, on 31 May 2021 the regime was extended beyond soft tissue injury claims to all road traffic accident related personal injury medical reports where the value of the claim is below £5,000.

 

The consultation is considering the following updates to the recoverable disbursements:

 

Disbursement	Current Fixed Cost	Proposed Fixed Cost
First report from medical expert	£180	£210
Consultant Orthopaedic Surgeon report	£420	£500
A&E Consultant report	£360	£430
GP report	£180	£210
Physiotherapist report	£180	£210
Obtaining medical records	£30 - £80	£35-£95
Addendum report on medical records	£50	£59
Answers to questions under Part 35	£80	£95

 

Naturally, an increase to the disbursements associated with acquiring medical evidence to proceed with a claim will have an associated increase in the costs of the claim and subsequent risk if the claim is not successful.

 

The proposal is currently at the consultation stage. LPC Law will monitor for any updates following the consultation, which closes on 10 October 2023.