Personal Injury Claims

No Win No Fee in Scotland — What You Need to Know

"No win no fee" means you do not pay your solicitor's fees unless your claim succeeds. In Scotland, this is called a speculative fee agreement.

5 min read · Updated July 2026

Key takeaways

  • ✓ You pay nothing upfront and nothing if you lose
  • ✓ If you win, a success fee is deducted — agreed with you in advance
  • ✓ QOCS protects you from the defender's costs if you lose (in most cases)
  • ✓ Scotland uses different rules from England and Wales

“No win no fee” is a term used to describe a legal funding arrangement where you do not pay your solicitor’s fees unless your claim succeeds. In Scotland, the formal term is a speculative fee agreement.

What Is a Speculative Fee Agreement?

Under a speculative fee agreement, your solicitor agrees to take on your case without any upfront payment. The arrangement works as follows:

  • If you lose: You pay nothing to your solicitor in fees
  • If you win: Your solicitor is paid their fee, typically enhanced by a success fee (an agreed percentage uplift on top of the standard fee)

The success fee compensates your solicitor for taking the risk of not being paid if the claim fails.

Is This Different From England and Wales?

Yes. England and Wales uses a different system called a conditional fee agreement (CFA). These are different legal instruments and are governed by different legislation. Scots law uses speculative fee agreements, governed by Scottish rules set by the Law Society of Scotland.

What Is QOCS?

Qualified one-way costs shifting (QOCS) was introduced in Scotland by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. Under QOCS:

  • If you lose your personal injury claim, the defender (the other side) generally cannot recover their legal costs from you
  • This protects pursuers from the financial risk of losing a claim
  • Certain exceptions apply — your solicitor will explain these to you

What Will I Actually Receive?

Your solicitor must explain the terms of the speculative fee agreement clearly before you sign it. This includes the success fee percentage. You must understand exactly what you will receive before you agree to proceed.

The Law Society of Scotland regulates these arrangements to protect clients.

What About After-the-Event Insurance?

In some cases, your solicitor may recommend an after-the-event (ATE) insurance policy to cover any residual exposure — for example, certain disbursements (outlays) even if you lose. Your solicitor will advise whether this is appropriate for your case.

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Frequently asked questions

What's the catch with no win no fee?
If you win, your solicitor takes a success fee from your compensation. This is agreed upfront, so you know exactly what you will receive.
What if I lose — do I pay the other side's costs?
Usually not. QOCS (Qualified One-Way Costs Shifting) protects pursuers from paying the defender's costs, with limited exceptions.

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