No Win No Fee Claims in Scotland

Last reviewed August 2026

What no win, no fee means in Scotland

“No win, no fee” allows you to pursue a personal injury claim without paying legal fees upfront — and without paying anything if your claim isn’t successful. In Scotland, these arrangements are properly called speculative fee agreements, and they’re regulated by the Law Society of Scotland.

How it works

Under a speculative fee agreement:

• You pay nothing if your claim is unsuccessful
• If you win, a success fee is payable — this is agreed with you upfront before any work begins
• The fee is calculated as a percentage of your compensation
• Your solicitor will explain exactly what you’ll receive before you proceed

QOCS protection

Qualified one-way costs shifting (QOCS) is an additional 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 legal costs from you. This means you’re protected from the financial risk of being ordered to pay the other side’s expenses.

Is it really free if I lose?

In the vast majority of personal injury cases, yes — you pay nothing if your claim isn’t successful. Your solicitor will explain the specific terms of your agreement before you proceed, so there are no surprises. Our guide to how speculative fee agreements work in Scotland walks through the detail, including success fees and after-the-event insurance.

How do I start a no win, no fee claim?

1. Tell us what happened — answer a few quick questions about your accident and injury
2. We connect you with Scottish specialists — we pass your details to regulated Scottish solicitors
3. They explain your options — including whether no win, no fee is right for your case

The free claim check involves no commitment and no charge.