No Win, No Fee Claims – How Do They Differ in England and Scotland?

Non-fatal accidents (particularly at work) are widely reported in the UK now, which is why we’ve seen such stringent measures put in place with regards to health and safety in the workplace.

The most common accidents at work include slips, falls and trips on the same level, which accounts for 33% of all non-fatal incidents. A further 18% are injured while lifting or carrying items, with these figures drawn from data collated during 2020/21.

Not only do accident types vary in and out of the workplace, but the nature of no win, no fee personal injury claims also varies in different regions of the UK. So, let’s take a look at the differences between England and Scotland and how the rules impact how you can make a claim.

The Issue of Time Limits

In England, there’s a fixed and widely accepted time limit of three years in which an injured party must bring a no win, no fee claim (regardless of the type of injury and where it occurred).

There are exceptions to this rule, however, such as instances where the victim has a particular disability or is aged under 18.

In the latter case, the claimant has three years from the day they turn 18 to file a personal injury claim, regardless of when the original incident occurred or its precise nature.

In Scotland, the time-frame is broadly similar, although this particular guideline is governed by separate legislation in the form of the ‘Prescription and Limitation Act 1973’.

This dictates that there are usually three years from the date of the incident (or the day that the physical consequences of an accident became clear) in which individuals can bring a claim and serve court proceedings.

Once again, there are various exceptions in play here, and it’s important to understand your precise rights and responsibilities before pursuing a claim.

Age Restrictions and Requirements

When you browse Scotland’s Prescription and Limitation Act 1973 and examine the small print, you’ll see that the broad, three year period in which to bring a claim (or achieve settlement) starts when the individual in question turns 16.

This differs noticeably from the legislation in England, which dictates that claims involving children cannot be pursued before the age of 18.

In fact, the three year period in which claims can be bought doesn’t officially start until they turn 18, which means that individuals who suffer an injury at a younger age have far longer to pursue compensation in conjunction with their parents or guardians.

The Issues of Contributory Negligence and Split Liability at Work

When deciding whether or not you have a viable claim, you’ll need to demonstrate that you’ve sustained an injury for which somebody else is liable.

This is particularly important in England, where there exists stricter guidelines regarding liability and claimants must be able to demonstrate that an employer is responsible for their injuries.

In Scotland, however, the law dictates that you’ll need to prove that the incident in question wasn’t entirely your fault.

So, even if you’re partly to blame for your accident or injury in Scotland, you can still make a claim with contributory negligence (also referred to as split liability) so long as you can at least demonstrate negligence on the side of another party.

In the case of contributory negligence, this type of claim occurs when both sides accept proportional blame for an incident and agree a compensation amount based on this simple premise.