No Win No Fee solicitors in Scotland — what you need to know

Reviewed by [Solicitor Name TBC], Personal Injury Solicitor, regulated by the Law Society of Scotland Last reviewed: 31 May 2026

In brief: No Win No Fee means your solicitor takes on your personal injury claim without charging you upfront. If your claim is unsuccessful, you pay nothing. If it succeeds, your legal costs are covered through your compensation settlement, and you keep your award in full. This page explains exactly how the arrangement works in Scotland, what to expect, and how it differs from the system that applies in England.

Start a free No Win No Fee assessment or call 0141 566 8059.

What does No Win No Fee mean in Scotland?

No Win No Fee is a funding arrangement that allows you to pursue a personal injury claim without paying any legal fees as you go. If your claim is unsuccessful, you owe your solicitor nothing. If it succeeds, the costs of running your claim are covered separately from your compensation, so the award you receive is yours to keep.

In Scotland the arrangement is normally a success fee agreement, regulated by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and the Success Fee Agreements (Scotland) Regulations 2020. Your solicitor agrees to take on your case on the condition that their fee is only payable if the claim succeeds. It is not the same instrument as an English conditional fee agreement. The terms are set out in writing before any work begins.

This arrangement exists because personal injury claims can take months or years to resolve. Most people who have been injured — and who may be off work, dealing with medical costs, and under financial pressure — cannot afford to pay a solicitor by the hour. No Win No Fee removes that barrier entirely.

What are the benefits of a No Win No Fee claim?

The main benefit is financial certainty. You know from the outset that you will not face a legal bill if your claim fails. You can pursue the compensation you are entitled to without risking money you may not have.

Other benefits include:

No upfront cost. You do not need to pay anything to start your claim.
Your solicitor is financially motivated to succeed. They only get paid if you win, which means they will only take on claims they believe have genuine merit.
Access to professional legal representation. Without No Win No Fee, most people could not afford a specialist personal injury solicitor.
Protection against the other side's legal costs. After the Event (ATE) insurance, which is arranged as part of most No Win No Fee cases, covers you against having to pay the other party's costs if your claim fails.

How does the fee arrangement work in practice?

When you instruct a No Win No Fee solicitor in Scotland, two things happen at the outset.

First, your solicitor assesses your claim and, if they believe it has merit, agrees to take it on under a success fee agreement. This sets out the terms, including the success fee payable if the claim succeeds and what happens to expenses and outlays if it does not.

Second, After the Event insurance (ATE insurance) is arranged. This is an insurance policy taken out at the start of your claim that covers specific costs if your case is ultimately unsuccessful. The premium for ATE insurance is not paid upfront — it is only payable if your claim succeeds, and it is covered from the proceeds of your settlement.

What is After the Event insurance?

ATE insurance is a policy that protects you against the financial risk of losing your claim. It covers items such as the other side's legal costs, court fees, and expert report fees in the event that your claim does not succeed.

In most personal injury cases in Scotland, your solicitor will arrange ATE insurance on your behalf as a standard part of the No Win No Fee package. You will not be asked to fund the premium personally — it is taken care of at the conclusion of a successful claim.

Do I keep all of my compensation?

Yes. The compensation you receive is your money. Legal costs and the ATE insurance premium are not deducted from your award. This is different from the arrangement used by some firms in England, where a success fee is deducted from the client's damages.

Am I eligible for a No Win No Fee claim in Scotland?

Most personal injury claims in Scotland can be pursued on a No Win No Fee basis, provided your solicitor believes the claim has reasonable prospects of success.

You are likely to be eligible if:

You were injured in an accident that was someone else's fault
The accident happened within the last three years (or within the relevant limitation period for your circumstances)
You suffered a physical or psychological injury as a result
The injury caused you financial losses or significant pain and suffering

A free initial assessment will confirm whether your specific situation qualifies. There is no obligation to proceed after the assessment.

What types of claim are handled on a No Win No Fee basis?

No Win No Fee is used across all personal injury claim types in Scotland. Common examples include:

Road traffic accidents: car accidents, motorcycle accidents, cyclist and pedestrian knockdowns, whiplash and soft-tissue injuries, hit and run accidents, accidents involving uninsured drivers
Accidents at work: manual handling injuries, falls from height, machinery accidents, construction site accidents
Slip, trip and fall: supermarket and shop accidents, pavement trips, public liability claims against councils or businesses
Medical negligence: surgical errors, delayed diagnosis, misdiagnosis, NHS Scotland negligence claims
Serious injury: spinal cord injuries, brain injuries, life-changing conditions
Psychological injury: post-traumatic stress disorder, anxiety, and depression arising from an accident

If your accident type is not listed above, speak to a solicitor. The range of claims that can be pursued on No Win No Fee is broad, and a free assessment will quickly confirm your position.

How does the No Win No Fee claims process work?

The claims process typically follows these steps.

Free assessment. You describe your accident and injuries. The solicitor reviews the circumstances and advises whether your claim is viable. This takes under 2 minutes and carries no obligation.
Signing the success fee agreement. If your solicitor agrees to take on your case, you sign a success fee agreement setting out the terms, including the success fee that would be deducted from your damages if you win. Insurance covering the outlays is arranged at this stage.
Investigation and evidence gathering. Your solicitor collects the evidence needed to support your claim — medical records, accident reports, witness statements, expert reports.
Letter of claim. Your solicitor writes formally to the negligent party or their insurer setting out the basis of your claim and the losses you have suffered.
Negotiation. The other side responds. Most claims are resolved through negotiation without going to court. Your solicitor will advise you on any offers made and whether they represent fair value.
Settlement or court proceedings. If a fair settlement is agreed, your claim concludes. If not, your solicitor raises proceedings in the Sheriff Court or Court of Session. The vast majority of cases settle before a hearing.

How much of my compensation do I keep?

You keep your compensation for financial losses in full — lost income, medical expenses and other out-of-pocket costs are not touched. A success fee is deducted from the part of your award that compensates you for the injury itself, which Scots law calls solatium. The firm's stated position is that it would normally charge no more than 20%.

Scotland caps success fees through the Success Fee Agreements (Scotland) Regulations 2020, on a staged basis that reduces as the value of a claim rises and is inclusive of VAT. Ask your solicitor to confirm in writing which cap applies to your claim, and which parts of your award the fee is calculated on, before you sign.

How long does a No Win No Fee claim take in Scotland?

The time a claim takes depends on how straightforward liability is and how quickly your injuries resolve or stabilise.

As a general guide:

Straightforward road traffic claims with clear liability: 3 to 9 months
Claims where liability is disputed: 12 to 24 months
Serious injury claims: often longer, as it may be necessary to wait for your medical position to stabilise before reaching a final settlement

Your solicitor will give you a more specific estimate once they have reviewed the facts of your case. They will keep you informed throughout the process.

Will my No Win No Fee claim go to court?

Most claims do not reach a courtroom hearing. Court proceedings may be raised to protect your position — for example, as the three-year time limit approaches — but this does not mean your case will be heard before a judge.

The vast majority of personal injury claims in Scotland are resolved by negotiation between your solicitor and the other side's insurer, without a hearing. If your case does go to a hearing, your solicitor will prepare you fully and represent you throughout.

Can I claim if I was partly to blame for my accident?

Yes. Under Scots law, contributory negligence means that if you were partly responsible for your own injury, your compensation is reduced proportionally. If a court found you were 30% at fault, your award would be reduced by 30%. You would still recover the remaining 70%.

Being partly at fault does not disqualify you from making a claim or from accessing No Win No Fee representation.

What are the alternatives to No Win No Fee in Scotland?

No Win No Fee is the most common funding method for personal injury claims in Scotland, but there are alternatives.

Legal Aid

Civil Legal Aid is available in Scotland for personal injury cases in limited circumstances. It is means-tested, meaning your income and savings are assessed. If you qualify, the Scottish Legal Aid Board funds your legal costs. Legal Aid is not commonly available for standard personal injury claims today, as No Win No Fee is considered an accessible alternative.

Legal expenses insurance

Many home insurance, car insurance, and credit card policies include legal expenses insurance that covers personal injury claims. Check your existing policies before signing a No Win No Fee agreement. If you have this cover, it may fund your claim without any deduction from your compensation.

Funding by a trade union

If you are a trade union member and your injury happened at work, your union may fund your claim directly at no cost to you. Thompsons Solicitors, for example, handles many union-backed workplace injury claims in Scotland. Check with your union first.

How does No Win No Fee in Scotland differ from England?

There are two important differences.

First, the OIC portal does not apply. In England, most road traffic accident claimants with claims under a certain value are required to use the Official Injury Claim portal — a self-service online system where claimants manage their own case without a solicitor. Scotland has no equivalent. You can instruct a solicitor for any road traffic claim in Scotland, regardless of value.

Second, how the success fee is calculated. Under this arrangement the success fee is taken from the compensation for the injury itself, so your compensation for financial losses such as lost income is protected from it. The maximum a Scottish solicitor may charge is set by the Success Fee Agreements (Scotland) Regulations 2020 rather than by English rules.

Why choose a Scottish personal injury solicitor for a No Win No Fee claim?

Personal injury law in Scotland is distinct from the law in England and Wales. Scottish solicitors are regulated by the Law Society of Scotland, not the Solicitors Regulation Authority. They handle claims in the Sheriff Court and the Court of Session, not the English County Court.

If your accident happened in Scotland, you need a solicitor who knows Scots law, Scottish court procedures, and the Scottish rules on compensation. Using an English firm for a Scottish claim can mean receiving advice that does not reflect the rules that actually apply to you.

Start your free assessment today or call 0141 566 8059.

Frequently asked questions

What is a success fee agreement?

In Scotland the legal term is a success fee agreement, governed by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 and the Success Fee Agreements (Scotland) Regulations 2020. It is a contract between you and your solicitor setting out that their fee is only payable if your claim succeeds, and how much may be deducted from your damages if it does. England and Wales uses a different instrument, the conditional fee agreement.

Is No Win No Fee really free if I lose?

Yes, provided you comply with the terms of your success fee agreement and any insurance policy. If your claim is unsuccessful and you have met your obligations, you pay no legal fee. Your solicitor absorbs their own costs, and the outlays — expert fees, medical reports and court dues — are insured rather than billed to you.

What is a disbursement?

Disbursements are out-of-pocket costs incurred during your claim, such as medical report fees, court fees, and expert witness costs. These are covered by ATE insurance in most No Win No Fee arrangements in Scotland.

Can I change solicitors during a No Win No Fee claim?

Yes, though it may have implications for the terms of your existing success fee agreement. If you are unhappy with your current solicitor, speak to another solicitor before making any change, and you can complain to the Scottish Legal Complaints Commission about the service you received. They can advise you on how to transfer your case without jeopardising your claim.

What happens to my claim if my solicitor's firm closes or I lose confidence in them?

You have the right to change solicitors at any point during your claim. Another solicitor will take over your file. The process can take a little time to arrange, but your claim and your legal position are not lost.

What if my claim is worth less than expected?

Your solicitor will negotiate on your behalf to reach the best settlement available. If you are unhappy with the amount offered, your solicitor will advise whether it is worth pursuing further or proceeding to a hearing. You are never obliged to accept an offer you consider too low.

How do I know if my claim has a good chance of success?

Your solicitor will assess this at the outset during the free consultation. They will only take on your case on a No Win No Fee basis if they believe it has reasonable prospects of success. If your claim is unlikely to succeed, they will tell you honestly rather than pursue it at no risk to you.

What if the other side is not insured?

If the other party is uninsured, claims are handled through the Motor Insurer's Bureau (for road traffic accidents) or in some cases through other routes. A Scottish personal injury solicitor can advise on the appropriate route for your specific situation.

Can I make a No Win No Fee claim for a family member?

Yes. You can instruct a solicitor on behalf of a family member who lacks the capacity to do so themselves, or on behalf of a child under the age of 16. Claims for children are run under the supervision of a parent or guardian.

Ready to find out if you qualify?

A free assessment takes under 2 minutes and carries no obligation. Enquiries are passed to solicitors regulated by the Law Society of Scotland and handle all personal injury claims on a No Win No Fee basis.

Start your free claim assessment or call 0141 566 8059.

Last reviewed: 2026-05-31 by Personal Injury Claims Scotland Editorial Team