Scots Law Personal Injury Glossary

Personal injury law in Scotland has its own distinct vocabulary, and coming across unfamiliar Scots law personal injury terms can make the process feel more daunting than it needs to be. This plain-English glossary explains the key terms in one place, so you can follow what’s happening in your claim with more confidence. Scotland has its own separate legal system, which is why several of these words differ from those used elsewhere in the UK.

Key Scots law personal injury terms

Pursuer

The person who brings a claim, in other words the injured person pursuing compensation. This is the Scots law equivalent of the person making the claim.

Defender

The person or organisation the claim is brought against, such as the driver, employer or occupier said to be responsible for the accident.

Solatium

Compensation for the injury itself: the pain, suffering and loss of enjoyment of life caused by the accident. It reflects the human impact rather than money you have lost.

Patrimonial loss

The financial side of a claim: the money you have lost or will lose because of the injury, such as lost earnings, treatment costs, care and out-of-pocket expenses.

Delict

The area of Scots law dealing with civil wrongs, including causing injury through negligence. A personal injury claim is generally founded in delict.

Reparation

Making good the harm caused by a wrong, usually through payment of compensation. A claim in delict seeks reparation for your loss.

Speculative fee agreement

Scotland’s form of “no win, no fee”. Your solicitor agrees to be paid only if your claim succeeds, so you don’t take on the financial risk of pursuing it. You can read more in our guide to no win no fee explained.

Success fee

An additional, capped fee a solicitor may charge from your compensation if the claim succeeds under a speculative fee agreement, agreed with you in advance.

QOCS (Qualified One-way Costs Shifting)

A protection that, in most cases, means an unsuccessful pursuer who has behaved reasonably won’t have to pay the defender’s legal costs. It was introduced by the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

Prescription and limitation

The rules on time limits for bringing a claim. Most personal injury claims must be raised within three years, under the Prescription and Limitation (Scotland) Act 1973, though the start date can vary depending on when you knew about the injury. Our guide to time limits in Scotland explains when the clock starts.

Contributory negligence

Where the injured person is found to have contributed to their own injury, for example by not wearing a seatbelt. Compensation may be reduced to reflect their share of responsibility, rather than lost altogether.

Liability

Legal responsibility for the accident. Establishing liability — showing the defender was at fault and that this caused your injury — is central to any claim.

Quantum

The amount of compensation, once liability is accepted or established. Working out quantum involves valuing both solatium and patrimonial loss.

All-Scotland Personal Injury Court

A specialist court, based in Edinburgh, that hears most personal injury cases from across Scotland.

Court of Session

Scotland’s highest civil court, based in Edinburgh, which deals with the most complex or higher-value personal injury cases.

Start your free claim check

You don’t need to master any of these terms to make a claim — your solicitor deals with the legal detail. If you’ve been injured in Scotland, use our free, no-obligation claim check and we can connect you with specialist Scottish solicitors who will explain your options in plain English and, if you have a case, take it forward.