Litigation and Dispute Resolution in Scotland: What You Need to Know About Legal Costs and When You Need to Pay

BySinead Machin

If you ever find yourself facing a dispute that might end up in court, one of the first questions that naturally comes to mind is, “How much will this cost – and who exactly will have to pay?”

This article explores how litigation and dispute resolution work in Scotland, what influences legal costs, and what happens if the court orders one side to pay the other’s expenses. Drawing on the experience of the solicitors at Simplicity Legal, we’ll look at real-world examples, the practicalities of court actions, and how to plan for costs before things reach the sheriff court or Court of Session.

What does “litigation” actually mean in Scotland?

At its simplest, litigation means taking a dispute to court. It’s the formal process of asking the sheriff court or the Court of Session to decide a matter when two sides can’t reach an agreement on their own. Sometimes, it’s the only way to settle something that’s been dragging on for months.

A solicitor helps you prepare the case, lodge court documents, and handle all procedural steps set by the court rules. They’ll explain what evidence you’ll need, what sort of remedies you can ask for, and how long proceedings may take. The process can feel technical, but your solicitor at the outset will guide you through what to expect.

For some clients, especially those unfamiliar with the civil courts in Scotland, it’s reassuring to know that not every matter ends in a full hearing. Many disputes settle before trial – often after a strong offer to settle has been made or after early judicial involvement.

When should you speak to a solicitor about a dispute?

It’s often best to involve a solicitor early. In many cases, a letter before action – drafted with professional clarity – can lead to early dispute resolution without needing to step inside a courtroom. Solicitors in Scotland are trained not only in advocacy but in negotiation and mediation, which can often save both time and money.

A solicitor may initially review the value of the claim to decide where proceedings would be raised – for example, under the simple procedure in the sheriff court for smaller sums, or in the Court of Session for higher-value or complex matters. This assessment shapes both your legal strategy and anticipated legal costs.

At Simplicity Legal, the team often reminds clients that clarity at an early stage is essential: understanding what’s realistic, what’s fair, and whether court action is genuinely necessary can prevent costly missteps down the line.

How does dispute resolution differ from court action?

You’ll often hear the phrase alternative dispute resolution (ADR). This simply means resolving matters outside of formal court action – through negotiation, mediation, or arbitration. ADR tends to be faster and less expensive, and for ongoing commercial relationships, it can preserve goodwill.

Litigation, on the other hand, is adversarial by nature. Once an action is raised in the civil court, formal pleadings are lodged with the court, court fees are paid, and court hearings may follow. It can feel daunting, especially for individuals or small businesses. But having a steady solicitor who knows the process makes a remarkable difference.

The court may encourage parties to resolve matters informally even after proceedings begin. A well-timed offer to the other side can protect your position on expenses, as the general rule is that expenses follow success – meaning the unsuccessful party may have to pay some of the winner’s judicial expenses.

Legal costs aren’t just about the time a solicitor spends on your case. They also include outlays – expenses like court fees, expert reports, travel costs, and witness expenses. Depending on the complexity of the case, these can add up, but your solicitor should always explain likely figures before you commit.

Scottish civil law recognises that litigation can be a burden, and where appropriate, a court order for expenses may help the successful party recover a portion of their legal expenses from the other side. However, costs may not always be fully recoverable – in practice, the court will allow only those deemed fair and reasonable under the relevant table of fees.

At Simplicity Legal, solicitors are transparent about all potential outlays and fees charged. Whether through a fixed fee, a time-based charge, or in some cases, success fees, they’ll help you understand exactly what you’re agreeing to before proceeding.

How do solicitors charge for their work?

The fees charged by a solicitor can vary depending on the nature of the matter and how much work is involved. Straightforward disputes may attract a fixed fee, while more complex or unpredictable cases are often billed by time, reflecting the time and expertise required to manage proceedings effectively.

In Scottish courts, the auditor of court may assess the solicitor’s fees after proceedings to determine what’s recoverable in an award of expenses. That means even if you win, you may not get everything back – certain work or outlay might not be covered.

At Simplicity Legal, fees will be charged in a way that’s clear and proportionate to the work done. Clients are usually given an estimate of legal fees upfront and will be updated if costs are likely to change. As they put it, “There should never be any nasty surprises about costs – only clear explanations.”

For individuals with limited means, legal aid is sometimes available in both the sheriff court and the Court of Session. It’s assessed based on your income, savings, and the value of the claim. Legal aid may not cover every type of dispute, but it can provide essential support in certain circumstances.

If you’re not eligible for legal aid, your solicitor may discuss alternative funding arrangements – such as staged payments or, in appropriate cases, arrangements that include success fees. While these don’t apply to all claims, particularly commercial ones, they can help individuals manage costs effectively.

If you’re unsure about what level of support you can obtain, it’s always worth asking early. Ask your solicitor directly – they’ll help you understand what options exist, and what the practical implications of each might be.

What happens when the court decides who pays?

After a case finishes, the court decides whether to make an order made by the court about expenses. The general rule is that the losing party, or litigant, pays at least part of the winning party’s judicial expenses – this is known as “expenses follow success.”

However, the court can order otherwise, especially if both parties behaved unreasonably or if a fair offer to settle was ignored. The question of expenses often becomes a negotiation in itself. Sometimes an interim order is made so payment can happen before everything else is finalised.

The auditor of the court will then assess whether the expenses are awarded appropriately and whether all charges are fair and reasonable. It’s all part of ensuring that fees charged by solicitors reflect what’s proportionate for the legal work performed.

Are costs recoverable from the other side if I win?

If you’re the successful party, you’ll want to know how much of your legal costs can be recovered. Unfortunately, winning doesn’t automatically mean full reimbursement. The court may only award a percentage of your costs depending on the complexity of the case, the conduct of the parties, and whether a fair settlement offer was refused.

In commercial court actions, partial recovery is common. The reality is that some outlay or additional fee may not be reclaimable even when you succeed. Court rules define what’s generally allowed, and the auditor of the court enforces those standards.

At Simplicity Legal, clients are guided carefully through this stage. Knowing in advance what’s likely to be recoverable helps manage expectations – a key part of transparent and responsible legal representation.

What if I lose – will I be ordered to pay?

This is one of the hardest questions clients face. If you lose, the court can order you to pay not only your own court costs but also a share of the other side’s expenses, depending on how the court decides. These are sometimes called expenses or judicial expenses, and they can be significant.

However, there’s nuance. In personal injury claims or lower-value matters under simple procedure, the court may limit what the unsuccessful party must pay. Certain protections apply where parties behaved reasonably or if the offer to settle was fair.

At Simplicity Legal, solicitors help clients weigh these risks before proceeding with litigation. Understanding that you may have to pay the other side’s costs if things don’t go your way isn’t meant to deter you – it’s about making informed, confident decisions from the outset.

Dealing with a dispute can be stressful and uncertain – especially when you’re worrying about what you might need to pay. But clear, honest advice from an experienced solicitor makes all the difference. Simplicity Legal’s team takes pride in giving practical guidance, cost transparency, and support through every stage of your court proceedings.

They’ll help you prepare the case, decide whether litigation or dispute resolution is right for you, and keep you informed about fees and potential outlay. Whether your case is in the sheriff court, the sheriff appeal court, or the inner house of the court, you’ll have a professional ally by your side.

If you have concerns about what it’s going to cost, or simply want to understand your options before taking action, reach out to Simplicity Legal for legal advice that’s straightforward, empathetic, and grounded in real client experience.

Key things to remember

  • Litigation is the formal resolution of a dispute through the Scottish courts.
  • The general rule is that expenses follow success, but costs are subject to court rules and may not be fully recoverable.
  • Solicitors charge based on the complexity of work – ask for clarity on how legal fees will be calculated.
  • Legal aid or alternative funding may be available in certain circumstances.
  • Always speak to a solicitor at the outset for guidance on realistic costs, timescales, and case strengths.
  • The court can order you to pay the other side’s costs, but fair settlement offers and good conduct can limit that risk.
  • The auditor of court ensures that all expenses must be fair and reasonable before being payable.
  • Simplicity Legal provides practical, professional support for those navigating disputes, helping clients manage both expectations and expenses confidently. Contact us for a Scottish Dispute Resolution litigator solicitor in Glasgow, Edinburgh legal advice – litigation lawyers Despite having offices in Glasgow, East Kilbride, and Edinburgh, Simplicity Legal Solicitors offers legal counsel all around Scotland. You don’t even need to come into our office to get legal guidance thanks to our special teleconferencing capabilities. Give us a call at 0141 471 9201 or fill out our online form for a Free* consultation with our Glasgow, Scotland-based mediation and litigation lawyers.

About Sinead - Sinead attended the University of Stirling where she achieved her LLB. She completed her Diploma in Legal Practice at Strathclyde University and in 2022, she gained a Masters in Public Policy from the University of Stirling. Sinead has progressed through the Firm to associate Solicitor. She assists with the daily management of the Firm, and its operations and policy as well as assisting in the development of our marketing strategy. Sinead manages our Client Services team and aims to ensure that the firm delivers an excellent and consistent level of service to all our clients.