Walker Jack Consultants

Making A Personal Injury Claim In Scotland

In general, making a personal injury claim in Scotland is similar to that in England and Wales. However there are some differences.

For instance, someone making a claim is called the Pursuer while the person or organisation being claimed against is known as the Defender. Also, any action that goes to court will take place in the Sheriff’s Court or in the Court of Sessions in Edinburgh. The latter is only used if the case is complex and requires the use of barristers; they are called advocates in Scotland.

One other crucial difference is that in Scotland, investigations into the case can be continued after it has gone to court. In England and Wales, the case must be court ready before proceeding. No further investigation is allowed.

The no win no fees basis of taking a case is more complex in Scotland than south of the border. The reason for this is the no win no fee arrangement is a private one.

Unlike in England and Wales legal aid is available for personal injury claims but only if the pursuer qualifies. If not, then another avenue must be sought. Thus, if funds are not available for a pursuer to make a claim, then it is likely they will have to take out some form of legal expenses insurance.

While the terms and process used in Scotland may be different, what can be claimed for is essentially the same.