No Win No Fee in Scotland — How It Works
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. Here's how it works.
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5 min read · Last reviewed July 2026
By the Make an Injury Claim editorial team — written with reference to Scots law and primary legislation. How we produce our guides
“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.
Key features of the Scottish system
Scotland has its own distinct legal system, so personal injury claims here follow Scots law and its own terminology. The table below summarises the key features:
| Aspect | In Scotland |
|---|---|
| ”No win, no fee” agreement | Speculative fee agreement |
| The person making the claim | Pursuer |
| The person being claimed against | Defender |
| Time limit to claim | 3 years, under the Prescription and Limitation (Scotland) Act 1973 |
| Costs protection if you lose | QOCS, under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 |
| Main personal injury court | All-Scotland Personal Injury Court / Court of Session |
| Solicitor regulator | 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.
Start your free claim check
Use our free claim check to find out whether your case could qualify for a speculative fee agreement. You can also read more about no win no fee claims in Scotland.
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 has its own distinct legal system, separate from the rest of the UK
Frequently asked questions
What's the catch with no win no fee?
What if I lose — do I pay the other side's costs?
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