The co-founder of claimant firm Winn Solicitors (Scotland) discusses the Edinburgh-headquartered business's rapid progress to-date and shares his plans for growth.

James Peden, along with fellow partner Clint Milnes, formed Winn Solicitors (Scotland) LLP in November 2022. It now employs 18 staff alongside the two partners and focuses primarily on road traffic accident claimant work.

The firm is part of Winn Group, a leading insurance services organisation supported with HR, IT and marketing at a group level, but operates as a separate legal entity.

Once in a lifetime opportunity

Winn Solicitors Scotland was established to address the wider Winn Group’s requirement for an offering for clients whose accident fell under Scottish jurisdiction. “This was work that they would previously have given to other firms of solicitors but now we are able to do it all ourselves,” Peden explains.

Peden’s legal career had begun at Brodies, where he trained and qualified into the litigation, insurance and risk team in 2006. In 2011 he gained extended rights of audience, becoming a solicitor-advocate.

Then, in 2013, he joined the defendant firm Plexus Law, where he remained for almost a decade until leaving to become a founding partner in Winn Solicitors Scotland.

The “once in a lifetime opportunity to be in right at the beginning, setting up a new LLP,” was, he says, the ideal move for him.

“To be able to develop and drive forward a new legal offering in the Scottish marketplace, knowing I had the full support of the wider Winn Group, and that I was able to work with talented individuals across the business, was really the key driver in me joining and setting up Winn Solicitors (Scotland) LLP.

One of the other drivers, though, was the opportunity the business provides to nurture relationships with clients, focusing on their individual needs and supporting them when they are going through what can be a stressful and distressing experience.

“We can support them through the legal process and help them receive treatment such as physiotherapy and CBT to aid their recovery.  It’s about ensuring they get the assistance they need to get them back to their pre-accident condition.”

RTA specialist

Based in the heart of Edinburgh, the majority of Winn Solicitors Scotland’s work relates to road traffic accidents, with clients coming to the firm via brokers or accident management companies.

Peden says, “Whilst vehicles are becoming safer nevertheless injuries are still sustained.  Most accidents result in soft tissue, whiplash-type injuries, which account for the majority of the claims we handle.

Over 50% of all personal injury claims are a result of a road traffic accident. We do, though, also have cases where people are more seriously injured, with broken bones or serious psychological injuries with ongoing symptoms for many months or years after the accident.

In addition to road traffic accidents, the firm also handles cases relating to accidents at work, and public liability claims. All its work is for claimants, carried out on a conditional fee basis.

Cases taken on by the firm are in the first instance handled by the pre-litigation team, who deal with aspects of the case that fall under the pre-action protocol, which is compulsory in Scotland. If a case needs to be litigated it is transferred to the litigation team to raise the court proceedings and take it forward through the court process.

Litigation

The firm began taking on cases in June 2023 and, to-date, Peden estimates that 70-80 per cent of matters have progressed to litigation. This does not mean, however, that the parties will have their day in court.

“Quite a number of cases have settled the day before trial, or proof as it is known in Scotland. None so far have required an actual trial because, even though you go into the court process, the vast majority settle prior to any evidential hearing,” he explains.

“Historically, probably about 90 per cent of cases that are litigated never go to a trial.”

Expansion plans

The firm is planning to grow to around 25 people by the end of its business year (March 2025), and to be at around 50 staff within two years. Peden has welcomed Andy Purvis to the firm bringing a wealth of experience gained over 30 years in the insurance industry, to head up the operational side of the firm. In addition to this Magdalena Wlochal has been appointed as Deputy Head of Legal.

Most cases handled by the firm are litigated in Edinburgh, which is home to the All-Scotland Sheriff Personal Injury Court, however, Peden explained.

In order to attract talented solicitors to join the firm a further office will be opened in Glasgow.

When recruiting lawyers, he continues, the firm is looking first and foremost for enthusiasm, closely followed by “the willingness to be a litigator”.

He explains, “Lots of people join the legal world and don’t enjoy litigation. You need the courage to stand up and put your client’s case as robustly as possible.

In litigation you can’t win every case but, the key is to do as much as you possibly can for the client – our approach is very client-centric.

Future trends

The legal profession, north and south of the border, has undergone considerable changes over the last decade, with many firms embracing more inclusive working practices while also adapting to the challenges and opportunities that accompany the adoption of technology.

Looking back on his own career, a major change Peden identifies is that while previously all parties appeared physically in court, “The courts are now far more willing to hear cases or deal with procedural matters remotely.

“That brings its own challenges, in terms of being able to navigate the potential IT and internet pitfalls, which adds another layer of stress. Years ago, your only stress was negotiating traffic jams or trains to make sure you arrived on time.

“However, remote hearings provide a benefit not only to the court but also cuts down on the travelling a solicitor has to do.

You might have to spend a whole day travelling to attend a 20-minute in-person hearing, whereas if it is heard remotely you can deal with that in the morning and then get on with the rest of your work later in the day.

Reflecting on the qualities that aspiring litigators will need to succeed over the years ahead, the most important attributes Peden identifies are timeless.

He says, “You have to be quite stoic in your approach and to be able to roll with the punches. You need to be able to recognise the strengths and weaknesses of a case, and you have to be upfront and communicative with clients.”

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