No Win No Fee in Scotland
Scotland has its own no win no fee system. Since 2020 these arrangements are regulated as success fee agreements under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. In a personal injury claim the solicitor’s success fee is capped at 20% of the first £100,000 of financial benefit, 10% between £100,000 and £500,000, and 2.5% above that. This is a different statute, a different cap and a different costs rule from the CFA regime in England and Wales.
How Success Fee Agreements Work in Scotland
Direct Answer: A success fee agreement is an arrangement under which your solicitor is paid a share of the financial benefit you obtain, and nothing by way of that fee if the claim fails. These agreements are regulated by the 2018 Act, and the caps in the 2020 Regulations apply. Before that regime, Scottish speculative fee arrangements were largely a matter of professional practice rather than statutory limits.
The key structural difference from England and Wales is what the percentage is applied to. A Conditional Fee Agreement in England and Wales works by adding a success fee uplift to the solicitor’s base costs, with a separate cap on how much may then be taken from your damages. A Scottish success fee agreement instead applies a capped percentage directly to the financial benefit you obtain, as that term is defined in section 6 of the 2018 Act.
The Statutory Caps
Regulation 2 of the 2020 Success Fee Agreements Regulations caps the fee. In personal injury claims the cap is tiered, so the effective percentage falls as the claim value rises:
| Band of financial benefit | Maximum success fee |
|---|---|
| First £100,000 | 20% |
| Over £100,000 up to £500,000 | 10% |
| Over £500,000 | 2.5% |
| Claims that are not personal injury claims | 50% |
These are maximum figures, not standard rates. A solicitor may agree to charge less, and what you are actually charged is a matter for the agreement you sign. Read it before signing, and ask specifically how outlays are treated.
What Happens if You Lose
Scotland’s protection against paying the other side’s expenses comes from section 8 of the 2018 Act. It applies to claims for damages for personal injuries, or for death caused by personal injuries, and prevents the court awarding expenses against a pursuer who has conducted the proceedings appropriately.
It is not absolute. Protection can be lost where the pursuer or their legal representative makes a fraudulent representation or otherwise acts fraudulently, behaves in a manner that is manifestly unreasonable, or conducts the proceedings in a way the court considers an abuse of process. Court rules may specify further exceptions. Protection also does not extend to other claims brought in the same proceedings that are not personal injury claims.
Scotland Compared With England and Wales
| Scotland | England & Wales | |
|---|---|---|
| Name | Success fee agreement (speculative fee) | Conditional Fee Agreement (CFA) |
| Governing law | 2018 Act + 2020 Regulations | CLSA 1990 s.58 + CFA Order 2013 |
| What the % applies to | The financial benefit obtained | Uplift on the solicitor’s base costs, with a separate cap on deductions from damages |
| PI cap | 20% / 10% / 2.5%, tiered | Success fee up to 100% of base costs; up to 25% of specified damages taken |
| Costs protection | 2018 Act s.8 | QOCS, CPR 44.13–44.17 |
| Terminology | Pursuer, defender, expenses, outlays | Claimant, defendant, costs, disbursements |
Because the caps are calculated on different things, comparing “20% in Scotland” with “25% in England and Wales” as if they were the same measure will mislead you. Read how CFAs work in England and Wales if your claim arises there instead.
Frequently Asked Questions
Frequently Asked Questions
Is no win no fee available in Scotland?
How much can a Scottish solicitor take as a success fee?
Is the Scottish cap the same as the 25% cap in England and Wales?
Does QOCS apply in Scotland?
What is a pursuer?
Can I use an English no win no fee solicitor for a Scottish claim?
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Where this applies: This page covers Scotland. The rules in England, Wales and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 3 August 2026.
- Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018
Success fee agreements and qualified one-way costs shifting in Scotland. s.8 provides QOCS; it is not CPR 44.
- Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Success Fee Agreements) Regulations 2020 (SSI 2020/110)
Regulation 2 caps the success fee in personal injury claims at 20% of the first £100,000 of financial benefit, 10% of the amount between £100,000 and £500,000, and 2.5% above £500,000. Other claims are capped at 50% of the financial benefit.
- Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, s.8 (qualified one-way costs shifting)
Scotland's QOCS equivalent. Applies to claims for damages for personal injuries or death. Protection is lost on fraudulent representation, manifestly unreasonable behaviour, or conduct amounting to abuse of process.
- Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, s.6 (financial benefit)
Defines the 'financial benefit' on which the Scottish success fee cap is calculated.
- Damages (Scotland) Act 2011
Governs death-related claims in Scotland in place of the Fatal Accidents Act 1976.
- Law Society of Scotland
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for Scotland by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 3 August 2026. Next review due 3 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.