Expenses and outlays in a Scottish claim
Quick Answer
Scotland uses different words from England for the money side of a claim, and the difference is not merely cosmetic. If you are reading guidance that talks about "costs" and "disbursements", it is describing a different jurisdiction.
The vocabulary
| Scotland | England and Wales | What it means |
|---|---|---|
| Expenses | Costs | The legal costs of the action — principally the solicitor's charges for the work |
| Judicial expenses | Recoverable costs | The portion of expenses a court will allow one party to recover from the other |
| Outlays | Disbursements | Money paid out as the case progresses: court dues, medical reports, expert evidence, records |
| Solatium | General damages | Compensation for the injury itself, and its effect on your life |
| Pursuer / defender | Claimant / defendant | The party bringing the action, and the party defending it |
| Decree | Judgment | The court order disposing of an action |
| Raising an action | Issuing a claim | Starting court proceedings |
| Proof | Trial | The hearing at which evidence is led |
Who pays what, and when
Outlays are incurred from early on. A medical report has to be obtained before a claim can be valued; records have to be recovered; an engineer or other expert may be needed. Under most no win no fee arrangements the solicitor funds these as the case runs, and they are settled out of the final outcome. Some firms insure them so they are not passed on if the claim fails.
Expenses are dealt with at the end. If you win, the general rule is that expenses follow success, so the defender is normally found liable for your judicial expenses. That is why a success fee taken from your damages is not the whole of what your solicitor is paid — a large part comes from the other side.
If you lose, QOCS means you will not normally be ordered to pay the defender's expenses, and your success fee agreement will normally mean no fee is due to your own solicitor. Outlays are the item to check, because they are the one that can still land on you depending on what you signed.
The question worth asking in writing
Before signing anything, ask:
If my claim does not succeed, what will I owe, and to whom?
A complete answer covers your solicitor's fee (normally nothing), the defender's expenses (normally nothing, because of QOCS), and outlays (depends on the agreement and any insurance). Get it in writing.
Tenders: the exception that catches people out
If the defender lodges a tender — a formal offer to settle — and you carry on and do not beat it, you can be found liable for the defender's expenses from the date of the tender, even though you ultimately won something. This is one of the more consequential decisions in a claim, and it is a point on which advice genuinely matters.
Why the terminology matters beyond pedantry
Using the right words is a reasonable test of whether guidance is actually about Scotland. A page that tells a Scottish reader about "disbursements", the "County Court" or a "conditional fee agreement" has almost certainly been written for England and relabelled. The rules that follow from those words are different, and so are the numbers.
Related guides
Court dues differ by forum; see ASPIC and the Scottish courts.
Conduct under the pre-action protocol is one of the things a court weighs when awarding expenses.
- Success fee agreements — what your solicitor may deduct
- QOCS in Scotland — the defender's expenses if you lose
- What if I lose? — the position pulled together
- Scotland vs England
Frequently asked questions
What is the difference between expenses and outlays? Expenses are the legal costs of the action — principally your solicitor's charges for the work. Outlays are the sums paid out as the case progresses, such as court dues, medical reports and expert evidence. In England the equivalent terms are costs and disbursements.
Who pays the outlays if my claim fails? It depends on your agreement and on any insurance arranged. Under most no win no fee arrangements the solicitor funds outlays as the case runs and settles them out of the final outcome, and many firms insure them so they are not passed on if the claim fails. This is the item most worth pinning down in writing before you sign.
If I win, do I still pay expenses? The general rule in Scotland is that expenses follow success, so the defender is normally found liable for your judicial expenses. That is why a success fee taken from your damages is not the whole of what your solicitor receives — a large part comes from the other side.
What is a tender? A tender is a formal offer to settle lodged by the defender. If you carry on and do not beat it, you can be found liable for the defender's expenses from the date of the tender, even though you ultimately recovered something. It is one of the more consequential decisions in a claim.
Sources
- Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018
- Scottish Courts and Tribunals Service — fees and expenses
Last reviewed: 2026-08-08 by the Personal Injury Claims Scotland editorial team