The phrase 'no win, no fee' is used by every personal injury firm in the UK and means subtly different things in each jurisdiction. In Scotland we work on a Damages-Based Agreement (DBA). The fee structure is presented in pounds and pence before you sign anything — no surprises later.
Damages-based agreements (DBAs)
Under a DBA, our success fee is a defined percentage of your damages, capped by statute. The maximum success fee in Scotland under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 is a sliding scale: up to 20% on the first £100,000 of damages, 10% on the next £400,000, and 2.5% above £500,000.
Crucially, at Gildeas the Success Fee is calculated ONLY on the solatium part of your claim — not on lost earnings, ongoing care, accommodation, or any other patrimonial head. Future loss is also excluded from the cap calculation. The structure is set out in pounds and pence in the agreement we hand you on day one.
After-the-event (ATE) insurance
We routinely arrange ATE insurance to cover the small risk of having to pay the other side's costs if the case loses. The premium is usually deferred and self-insured (paid only if you win). It costs you nothing if we lose.
What this means: you genuinely face no financial downside from running the case.
What about disbursements?
Court fees, medical report fees, expert witness fees and similar are 'disbursements'. They are recovered from the at-fault side at the end of a successful case. In the event of an unsuccessful case, fees and disbursements are covered by ATE insurance and the terms of our agreement.
This is the part many high-street firms quietly leave out of their no-win-no-fee promise. We don't.
Why an independent specialist matters
Some insurers offer to 'handle it directly' without a solicitor, or to put you in the hands of a 'preferred' panel firm they've selected. The conflict is built into the arrangement — your insurer's commercial relationship with the panel doesn't sit easily with running your case as hard as it deserves.
We act for you, only for you. We are not on any insurer's panel. We are not paid by the other side or instructed by it. Our duty is to your outcome — and that independence is part of the value of using us.