Free Initial Consultation.
All initial consultations free. No win no fee offered in appropriate cases.
Typically you will not be charged legal fees because we will recover these under an agreed Scale of fees from the other party’s Insurer where your case settles without the need to raise court proceedings (pre-litigation cases) or from judicial expenses recovered (If a court action has to be raised).
In appropriate cases After The Event Insurance might be available to cover dealing with your claim on a “no win no fee” basis. You would be liable for the outlay of the Insurance premium at the outset but the insurer would provide cover to fund the legal expenses of the litigation.
Success Fees are now (since 27/4/20) governed by The Civil Litigation ( Expenses and Group Proceedings) (Scotland) Act 2018 (Success Fee Agreements) Regulations 2020.
These regulations put caps on the levels of fee that a solicitor can recover from a client’s damages in the event of a successful outcome. Success fees do not apply in every case at this firm but they will apply in higher value claims where a court action has to be raised. Success Fees will only apply after discussion with you and by entering into a written agreement with you (the type of which meets The Law Society’s approval ). Success fees are based on an agreed percentage of damages awarded. We are currently awaiting the introduction of Qualified one-way cost shifting (QOCS) in Scotland in personal injury claims which is designed to take away the current double hit on expenses if you lose a case. The old rule was that expenses followed success meaning that if you lost your case you would be liable not only for your expenses but those of your opponent. QOCS will be governed by the same Expenses Act but they have yet to come into force
Outlays are costs paid to third parties. Such outlays may include:
- Fee for recovery of medical records
- Fee for recovery of police report
- Fee for instruction of appropriate liability report
- Fee for instruction of appropriate medical expert
- Fees for Court dues for raising and proceeding with a court action.
These are examples of the more standard outlays and not an exhaustive list. Most of these outlays will however be recovered from the party paying your damages at the conclusion of your case.