No Win No Fee Claims in Scotland

In Scotland, "no win no fee" means speculative fee agreements with QOCS protection — no upfront costs and no fees if you don't win

Who can claim?

Most personal injury claims in Scotland can proceed on a speculative fee (no win no fee) basis. Our partner solicitors will assess whether your claim qualifies.

“No win no fee” is a common term for a funding arrangement that allows you to pursue a personal injury claim without paying any legal fees upfront. In Scotland, these arrangements are properly called speculative fee agreements.

How No Win No Fee Works in Scotland

Under a speculative fee agreement:

  • You pay nothing if your claim is unsuccessful
  • If your claim succeeds, a success fee is payable — this is agreed with you upfront
  • The fee is calculated as a percentage of your compensation
  • Our partner solicitors will explain exactly what you will receive before you proceed

What Is QOCS?

Qualified one-way costs shifting (QOCS) is a protection introduced by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. In most personal injury cases, even if you lose your claim, the defender (the other side) cannot recover their costs from you — protecting you from significant financial risk.

Is It Really Free If I Lose?

In the vast majority of personal injury cases, yes — you pay nothing if your claim is not successful. Your solicitor will explain the specific terms of your agreement before you proceed, so there are no surprises.

What About the Success Fee?

The Law Society of Scotland regulates the terms of speculative fee agreements. Your solicitor must explain the success fee clearly and you must agree to it before any work begins.

Starting Your Claim

Our free claim check involves no commitment and no charge. A specialist Scottish solicitor from our partner firm will assess your circumstances and advise whether a speculative fee agreement is appropriate for your case.

Frequently asked questions

What does "no win no fee" mean in Scotland?
It means you pay no legal fees if your claim is unsuccessful. If you win, a success fee (agreed upfront) is payable from your compensation.
What is QOCS?
Qualified One-Way Costs Shifting protects pursuers from having to pay the defender's legal costs if the claim fails (with some exceptions).
Are there any upfront costs?
No. You pay nothing to start your claim. Disbursements (like medical reports) are typically covered by your solicitor and only recovered if you win.

Related

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