22 March, 2019
Medical Reports in RTA cases are the latest part of the CPR to become subject to fixed fees. As of 1 October 2014, a new fixed costs regime will come into force governing the fees which can be charged for the obtaining of expert medical reports in RTA Protocol claims.
The updated Rule 45.19 confirms that the costs of obtaining medical reports in 'soft tissue injury' claims which fall within the remit of the RTA Protocol will be limited to:
£180 + VAT for obtaining the first report from any permitted expert.
Further costs will be allowed for obtaining an additional report where justified but will also be limited as per CPR45.19(2A)(b). For example a report from a Consultant Orthopaedic Surgeon (inclusive of a review of medical records) will be limited to £420 + VAT.
The new rules apply to all cases where the CNF is submitted on or after the 1 October 2014.
Insurers will no doubt appreciate the certainty introduced by this amendment which should save to limit debate on the appropriate level of expert fees which has always been a ground for contention. Whether this amendment is subsequently extended to cover all Portal cases remains to be seen.