THE COST? - CIVIL LEGAL ASSISTANCE

It is possible (but, in practice, often difficult) to have the legal fees and other expenses of a personal injury claim in Scotland funded under the Government’s civil legal assistance scheme (which includes legal aid). Generally speaking, that is not the case in England.

Until recently, both legal aid and the other form of civil legal assistance were only available to the more economically disadvantaged people in society. The financial limits that apply to them have, however, been increased and it’s estimated that up to 1m people in Scotland may now meet the financial criteria (although maybe not the other criteria) that apply.

Clearly, this all sounds quite encouraging but, in the context of legal aid for your accident compensation claim in Scotland, the following points need to be understood:-

  • even if you qualify for help under the civil legal assistance scheme, you may still have to pay part of your own legal fees and expenses (and some of those may need to be paid to your solicitor up front)
  • if your claim is successful, the compensation you receive will be used as necessary (and without limit) to pay your legal fees and expenses (ie the Scottish Legal Aid Board only pays for those if you can’t – if you win compensation, you’re expected to use the money to pay for your own legal fees and expenses before SLAB is liable to pay anything)
  • if you lose your case, you may be liable for your opponent’s legal fees and expenses - these will not be paid by SLAB
  • even if you meet the financial criteria for legal aid, receiving it is not automatic and you won’t get it if, for example, financial help is available to you from someone else (such as a trade union or other body that you are a member of) or in another way (such as under a before the event insurance policy or an after the event insurance policy)

The rules of the civil legal assistance scheme are complex and you should take advice from a solicitor in relation to them. Some of the potential disadvantages of using the scheme are listed above and many claimants simply shy away from it and opt instead to use one of the other funding arrangements (usually, a no win no fee agreement) in connection with their compensation claim.

If you’re unsure which way to fund your personal injuries compensation claim in Scotland, call us now on 0333 900 0333 to discuss how we can help or simply fill in the CALL ME box & we’ll ring you. Alternatively, you can start your claim immediately by answering a few simple questions on the CLAIM NOW page and we’ll do the rest.

Remember – Your Scottish compensation claim is best dealt with by Scottish specialists and you won’t pay a penny for our help, whatever happens.