Jurisdiction(s):
United Kingdom

JXX v Archibald II: SCCO caps recoverable expert agency uplift at 25% and confirms fees are disbursements, not solicitor time (England and Wales)

Published on: 31 March 2026

Published by a LexisNexis Dispute Resolution expert

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Article summary

JXX (a Protected Party by his Litigation Friend ABB) v Archibald II [2026] EWHC 630 (SCCO)

What are the practical implications of this case?

This Senior Courts Costs Office decision is non-binding and carries persuasive weight only. Nevertheless, many District Judges are likely to adopt its approach, as it issues from the Senior Costs Judge and there is no competing binding authority. For defendants contesting the agency element of an invoice, the judgment discourages comparing the work an instructed solicitor might have undertaken with the hypothetical fees they would have charged. A 25% uplift was deemed reasonable and proportionate on the facts. However, what is reasonable and proportionate remains case specific. In JXX, the bill of costs stood just below a million pounds, with approximately a quarter of a million pounds claimed for experts’ fees. By contrast, in lower value litigation, including cases within the fixed costs regime, a 25% mark-up may not be reasonable or proportionate. Assuming a breakdown of the fees is provided by a receiving...

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