Private paying compared to no win, no fee in Scotland

Now that legal aid for personal injury cases in Scotland has all but been abolished, it is worth considering what options are available to a pursuant wishing to make a compensation claim who cannot find a no win, no fee lawyer to take on his or her case.

While the majority of Scottish personal injury compensation claims are now dealt with by no win, no fee lawyers, the old-fashioned private client retainer funding option also remains popular among those who cannot find a lawyer to represent their cases under the terms of a Conditional Fee Agreement (CFA).

Under a private client retainer agreement, the pursuant will agree to pay the accident compensation lawyer at an hourly rate. The cost of this will vary depending on the seniority of the lawyer.

For example, the most senior partner in a firm may charge as much as £300 or £400 per hour, while trainees and legal executives with less than four years experience may charge as little as £80 or £100 an hour.

The total cost of a claim can spiral with such an agreement, as the hourly fee accounts for all the work done by a lawyer on your case, work which will include such things as time spent on the telephone, the drafting of documents and the reading of letters. As the total cost can often reach five-figure levels, it is always worth asking a solicitor to give you an estimate from the outset.

This hourly rate accounts for what are known as basic costs. It does not even factor in the costs of disbursements. Disbursements are the expenses incurred by your personal injury solicitor in dealing with third parties. They might include such things as court fees, medical reports, hospital notes, police reports and barrister's fees.

In short, a private paying agreement should only ever be entered with caution. For most people, a no win, no fee lawyer will represent the best and most risk-free chance at civil redress.

Claiming accident compensation in Scotland
The Scottish solicitors working on our panel firms work in various specialisms, including litigation relating to car accidents, work accidents, product liability and medical negligence.

In all but the exception of claims for medical negligence (where there are certain unavoidable costs) we do not charge any costs or fees for our services.

Furthermore, we protect the pursuant from costs incurred by the defendant side and, with our no-cut commitment, deliver 100 percent compensation in every winning case.

In short, we are so much more than "no win, no fee". In fact, it could be said that we are "win or lose, no fee".

Our commitment to a professional and client-first approach is underlined by our membership of the Solicitors Regulation Authority, a regulatory branch of the Law Society.

Contacting us is easy, just fill out an online claim form, have an internet chat, request a callback, or call us now on 0800 10 757 95.