No win no fee - Scotland

[Anton1888]

Good day all,

I have recently come across the success fee cap introduced in Scotland in 2020 and entered into a no win no fee contract just prior to the introduction of the capped rates.

Is my contract still valid? Or does the new rate automatically apply?

Any expert advise would be appreciated.

Thank you.

[Sam101]

Can you explain what this relates to - (success fee cap introduced in Scotland in 2020) and perhaps more replies may follow.

I have just found out - Solicitors Fees. As you may have already approached solicitors, the best answer can come from them, but other members may know more.

[Anton1888]

Sam101, good morning.

Thank you for replying to this post.

This relates to a personal injury claim under The Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (Success Fee Arangements) Regulations 2020.

https://www.legislation.gov.uk/asp/2...ntents/enacted

The new success fee cap 27th April 2020:

20% up to £100k
10% £101 to £500k
2.5% Above £501k

I signed a contract in December 2019 where my success fees are set at higher rates than this.

The reason for my post is to understand whether the new rates apply by default now on settlements through a Scottish court or if the contract still remains the same?

Any advice would be greatly appreciated.

[Sam101]

Again, the best place to ask is the solicitors you are dealing with. They will know exactly what the position is and if it has changed, they will let you know what it has changed to. Give them a call.

[Anton1888]

Thanks Sam101 much appreciated.