Can an English or Welsh solicitor take on a Scottish medical negligence case?

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If you live in Scotland and you are the victim of a negligent medical treatment, you could pursue a clinical negligence claim through a Scottish solicitor. If you live in England or Wales, should you pursue a claim through a solicitor in England or Wales, or should you instruct a Scottish solicitor?

Legal jurisdiction

Perhaps you had a medical procedure on holiday or on a business trip in Scotland? If the medical procedure was negligent, you might subsequently decide to claim compensation through a local solicitor near your home in England and Wales.

Although Scotland, Wales and England are all part of the UK, Scotland has its own distinct judicial system.

The United Kingdom operates under three separate legal systems, known as 'jurisdictions', which are:

  • England and Wales
  • Scotland
  • Northern Ireland.

The laws relating to medical negligence are broadly similar across the three jurisdictions. However, the court rules and the procedures for making a claim are not the same.

The general rule is that claims should be made in the jurisdiction where the incident occurred. If you sustained an injury in Scotland, therefore, you would need to make a claim under Scottish law.

Personal injury solicitors that are qualified and regulated by the Solicitors Regulation Authority (SRA) in England and Wales, cannot represent you in a Scottish court. You would need to instruct a solicitor regulated by The Law Society of Scotland.

What if aim to settle out of court?

The majority of personal injury claims are negotiated and settled out of court. In theory, an SRA regulated solicitor could represent you during the initial negotiations.

However, an SRA regulated solicitor could not take, or threaten to take, court action and as such, the solicitor's negotiating position would be weakened.

How do I choose a Scottish solicitor?

Quittance's panel of personal injury and medical negligence solicitor include Scottish based forms. We would be more than happy to assist you in seeking the best possible no win, no fee representation to help you get the compensation you need.

Alternatively, the Association of Personal Injury Lawyers (APIL) can provide you with a list of personal injury lawyers who practice in Scotland. APIL provides accreditation for lawyers who specialise in particular fields such as medical negligence.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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Gaynor Haliday, Legal researcher

Author:
Gaynor Haliday, Legal researcher