No Win No Fee & Costs — 10 Frequently Asked Questions
Most personal injury claims in Scotland are funded through a speculative fee agreement or, since the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, a Damages-Based Agreement — meaning you don't pay your solicitor's fees unless you win. Success fees for personal injury claims are capped at 20% of the first £100,000 of damages, 10% of the next £400,000, and 2.5% above that.
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What is a no win, no fee agreement in Scotland?
Traditionally a speculative fee agreement, now modernised by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, which also introduced Damages-Based Agreements as an alternative — under both, your solicitor is generally paid only if your claim succeeds.
What is a Damages-Based Agreement (DBA)?
It's a funding arrangement, introduced formally to Scotland by the 2018 Act, where your solicitor's fee is calculated as a percentage of your actual compensation if you win, rather than a separate success fee added on top.
Will I have to pay anything if I lose?
Under a speculative fee agreement or DBA, you shouldn't owe your own solicitor's fees, but costs risk for the other side's expenses is a genuine consideration — the 2018 Act introduced protections for personal injury claimants broadly modelled on England's costs-shifting protections, so ask your solicitor exactly what's covered.
What costs protection exists for personal injury claimants in Scotland?
The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 introduced a regime intended to limit a losing claimant's exposure to the other side's costs in personal injury cases, broadly similar in aim to England's qualified one-way costs shifting, though the Scottish mechanics differ.
Do I need insurance to cover costs risk?
It depends on your funding arrangement and the specific protections that apply to your claim — your solicitor will advise whether additional costs insurance is sensible on top of the statutory protections.
What are outlays, and do I have to pay them?
Outlays (the Scottish term for disbursements) are costs like medical report fees and court fees paid out during the case. Under most funding arrangements, these are only recovered from you if the claim is unsuccessful, and many solicitors will front these costs.
Can I get legal aid for a personal injury claim in Scotland?
Legal aid for personal injury claims is administered by the Scottish Legal Aid Board (SLAB) and, similarly to England and Wales, is very limited for this type of claim, with speculative fee agreements and DBAs being the more common route.
What is a success fee, and is there a cap?
It's the extra percentage a solicitor or funder takes from your damages if the claim succeeds, in exchange for taking on the risk of no payment if it fails. For Scottish personal injury claims, the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Success Fee Agreements) Regulations 2020 cap this at 20% of the first £100,000 of damages, 10% of the next £400,000, and 2.5% of anything above £500,000.
Do I have to pay my solicitor upfront?
Under a typical speculative fee agreement or DBA, no — you don't pay upfront, and fees only become due (from your compensation) if your claim succeeds.
Can I switch solicitors partway through my claim?
Yes, though check your existing funding agreement for any terms about fees owed if you switch before the claim concludes.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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