[LAW FIRM NAME] — specialist personal injury and accident claim solicitors in Scotland.
This article is for general information only and does not constitute legal advice. Always seek independent legal advice before taking any action. Editorial standards →
Quick answer
If the other side denies liability in Scotland, your solicitor will gather further evidence, instruct expert witnesses and — if necessary — raise court proceedings. Many disputed claims ultimately settle before reaching a court hearing. Your solicitor will advise on prospects throughout.
What Happens When Liability is Denied?
When your solicitor sends a formal letter of claim, the other side (or more often their insurer) has a period of time to investigate and respond. If they deny liability — that is, they dispute that they were at fault for your accident — this does not end your claim. It means the dispute will need to be resolved, either through further negotiation or through court proceedings.
Gathering Further Evidence
When liability is denied, your solicitor will focus on gathering and strengthening evidence to rebut the other side's position. This may include:
- Obtaining CCTV or dashcam footage
- Commissioning accident reconstruction experts
- Obtaining witness statements
- Instructing health and safety experts in workplace cases
- Commissioning engineering reports in defective equipment cases
- Reviewing accident records, risk assessments and training records
Raising Court Proceedings
If liability continues to be denied and the evidence is strong enough to proceed, your solicitor may advise raising a court action in the Sheriff Court or Court of Session (depending on the value of the claim). Raising proceedings does not mean the case will necessarily go to a court hearing — many cases settle after proceedings are raised, once the parties have a clearer picture of the respective evidence.
Will My Case Go to a Full Hearing?
Only a small minority of disputed personal injury claims in Scotland proceed to a full proof (trial). The majority settle before the hearing date, once the evidence is crystallised and both sides assess their prospects. Your solicitor will advise you honestly on the likely outcome and will recommend whether to accept any settlement offer.
Honest Assessment of Prospects
Not every denied claim is worth pursuing. Your solicitor will assess the strength of the evidence and advise honestly on your prospects of success. If the evidence is insufficient, your solicitor should tell you so clearly rather than encouraging you to continue with an unlikely claim.
