Quick answer
In Scotland, ‘no win, no fee’ usually describes a success fee agreement: payment to the provider depends on obtaining a financial benefit. It does not mean every possible cost is automatically zero. The written agreement should explain the success fee, outlays, adverse expenses, insurance, cancellation and termination before you sign.
What this guide adds
This is a buyer’s checklist for comparing funding agreements. It separates the success fee from outlays and court expenses and flags the questions marketing slogans omit.
Ask for the worked example
Request a pounds-and-pence illustration using an assumed damages award. It should show the success fee, VAT treatment, recoverable expenses, unrecovered outlays, insurance premium and the estimated net amount to the client.
Seven questions before signing
- Who is the contracting provider?
- How is the success fee calculated and capped?
- Which heads of damages can the deduction affect?
- Who funds expert reports and court outlays?
- What happens if the case loses?
- What happens if you reject advice or end the agreement?
- Is expenses insurance used and when is its premium payable?
Qualified one-way costs shifting is not a blank cheque
Scottish personal injury proceedings have statutory protection limiting when expenses may be awarded against a pursuer, subject to exceptions. It does not remove every financial or contractual risk. The provider should explain the exceptions and any insurance in plain language.
Alternatives may be better
Check trade-union membership, household or motor legal-expenses insurance, legal aid eligibility and private funding. Compare control, deductions, cover and provider choice—not only the headline phrase.
Service and complaints
Keep the signed agreement and all variations. Raise a service concern with the provider first. The Scottish Legal Complaints Commission is the single gateway for complaints about Scottish lawyers and normally expects the lawyer or firm to have had an opportunity to respond.
Authoritative sources
These primary sources support and contextualise this guide. They are not a substitute for advice on the facts of an individual case.
- Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 — Primary legislation on success fee agreements and expenses in civil litigation.
- SLCC: start a complaint — Official information on complaints about lawyers in Scotland.
- Scottish Courts and Tribunals Service: All-Scotland Sheriff Personal Injury Court — Official information about Scotland’s specialist sheriff personal injury court.
Next useful steps
Read the How the claims process works, build an evidence checklist, and check the Scottish time-limit guide.
General information only. The applicable law, forum and deadline depend on the facts. Medical symptoms should be assessed by an appropriate healthcare professional.