40 YEARS OF LEGAL EXPERTISE
With 40 years experience handling civil and criminal court work,conveyancing , trust and executry work he now concentrates on mainly civil court work such as divorce , personal injury housing, defamation,contract ,criminal injury compensation and debt cases sometimes of considerable complexity and value, mainly in the Sheriff court. The firm also handles family cases which are dealt with by Sharon Collins. The firm is registered to provide civil legal aid and civil advice and assistance . We have achieved many successes and built up considerable experience over many years.
Wills / Inheritance Tax planning
It is important for you to make a will whether or not you think you have many possessions, property or much money.
If you die without making a will (this is known as dying intestate) there are certain rules called the rights of succession which will dictate how your money, property or possessions will be allocated when there is no written will or an oral will that had been witnessed. This may not be the way that you would have wished your money and possessions to be distributed.
If you would like more information about rights of succession you can look at a leaflet on the Scottish Government website or you can consult a solicitor or a Citizens Advice Bureau (CAB). You can also get a list of solicitors from your local CAB – where to get advice.
Couples who live together
Couples who are not married or who have not registered a civil partnership do not automatically inherit from each other when one partner dies unless there is a will. The death of one partner may create serious financial problems for the remaining partner because they have no automatic right to inherit. The surviving partner can go to court to try and get some of the deceased partner’s property and possessions.
Children
If you have children, you should make a will to protect the children in case the main carers die. You can name a guardian in your will and leave instructions for how they should provide care for your children. You may want to consider setting up a trust.
Tax advice to reduce inheritance tax
It may be possible to reduce the amount of tax payable on what your family and friends inherit if advice is taken in advance when a will is made.
Changed personal circumstances
If your personal circumstances change, it is important that you make a will or change an existing will to ensure that your money and possessions are going to be distributed according to your wishes. The law on this is complicated and you may need to get legal advice.
Personal Injury Claims
Generally speaking, every individual’s claim for damages for personal injuries is different and how much you are entitled to is very much a question of the circumstances of your case. How much you get depends on a variety of factors and of course liability has to be established against the person or persons who caused or are responsible for your accident or have agreed to settle your case.
Subject to the law of prescription, that is to say how long you have until you have run out of time to pursue your claim, I advise my clients, particularly in cases involving more serious injuries, not to rush to settle their claims as waiting to settle can result in greater damages. Your injuries may take some time to heal. You may need to have surgery. Your prognosis has to be ascertained. Injuries sometimes do not fully resolve and can take a long time to heal. There may be some residual effects. Good solid medical evidence from appropriate experts may have to be obtained and sometimes need to be updated and if, for example, there is wage loss as a result of the accident an expert report may also have to be obtained from an employment expert. Past and future wage loss can make up a substantial element of your claim. There are varying degrees of severity of injuries. In assessing how much you are likely to get for your pain and suffering regard will be had to awards in decided court cases involving the same or similar injuries.
There may be other elements to your claim apart from damages for your pain and suffering such as interest on your damages. You may have needed help after your accident from family/friends and continue to do so and that too may be one of the heads of claim. This is called a claim for services. You may need ongoing care in the future and your claim may also include a claim for care costs which itself may be valuable. It may be possible to claim interim damages and provisional damages. Some clients can suffer psychological injury rather than or as well as physical injury and reports may have to be obtained, for example from a psychologist in addition to the appropriate medical expert such as an orthopaedic surgeon or other specialist.
Your claim may be worth a lot more than you might imagine.
Many of the personal injury cases we have handled have been complex.
We are sometimes told by clients that they have no supporting witnesses. Fortunately, unlike criminal cases, as a general rule corroboration may not be necessary in civil cases so that the client’s evidence alone, if the court accepts it as credible and reliable, may be sufficient.
Where appropriate, we will take steps to recover relevant documentation to help win your case, if necessary by obtaining a court order.
Clients have sometimes come to us over the years from other legal firms where their previous solicitors have advised that they had poor or no prospects of success. We have dealt with difficult and unpromising cases which other solicitors have declined to take on. In many of these cases, we have gone on to be successful and, indeed, secured substantial damages for the client. In one case involving an accident at work, the previous agents advised the client that he had little or no prospect of success. We managed to secure a six figure settlement for the client. We have also acted in cases which were approaching time bar and we have managed to serve proceedings as a matter of special urgency to avoid time bar. In one case, by way of illustration, a client in her 20s came to us with the triennium fast approaching whose previous solicitor advised her that she had little or no prospect of success. She had suffered catastrophic leg and internal injuries when she was struck at speed by a car. She required to have a leg amputated. We went on to secure a substantial settlement for her.
Even if your claim appears to be time barred it may be possible to pursue it through court in certain circumstances which we are happy to consider for you.
We have also acted in cases involving other catastrophic injuries including brain damage.
Checking...
Retry »
Sending message...
Enquiry Form
Fill in the form below and we will be in touch soon
Children Referral
Anyone who has concerns about a child’s welfare can make a referral to Children’s social care. Referrals can come from the child themselves, professionals such as teachers, the police, GPs and health visitors as well as family members and members of the public.
Referrals to Children’s social care services usually fall in to three categories:
- Requests for information from Children’s social care
- Provision of information such as notifications about a child
- Requests, for services for a child, which will be in the form of a referral.
Children’s social care has the responsibility to clarify with the referrer the nature of the concerns and how and why they have arisen.
The local Threshold Protocol provides guidance about the criteria for making and receiving referrals.
The child must be seen by a qualified social worker as soon as possible following a referral and the child’s needs and safety remain paramount at all times.
The Duty to Refer
All professionals have a responsibility to refer a child to Children’s social care under section 11 of the Children Act 2004 if they believe or suspect that the child:
-
- Has suffered significant harm
- Is likely to suffer significant harm
- Has a disability, developmental and welfare needs which are likely only to be met through provision of family support services (with agreement of the child’s parent) under the Children Act 1989;
Is a Child in Need whose development would be likely to be impaired without provision of services.
When professionals make a referral to Children’s social care, they should include any pre-existing assessments such as an Early Help Assessment in respect of the child. Any information they have about the child’s developmental needs and the capacity of their parents and carers to meet these within the context of their wider family and environment should be provided as a part of the referral information.
The referrer must always have the opportunity to discuss their concerns with a qualified social worker.
Checking...
Retry »
Sending message...
Enquiry Form
Fill in the form below and we will be in touch soon
Divorce
The breakdown of marriage is very often a stressful time for clients. We pride ourselves in being sympathetic and approachable. We will listen carefully to your aims both in relation to any issues involving children under 16 and the financial issues.
In relation to the children, we consider them to be the paramount consideration and will go carefully in to the background in advising what is in their best interest and, if necessary, fight on your behalf to achieve this. We will also, if necessary, fight on your behalf to obtain interim orders through court. The issues involving the children can be dealt with in the context of the divorce action itself.
We will explain the legal framework of divorce to you in a user friendly way.
On the financial front, the aim is to secure a fair settlement or award taking into account the statutory provisions and relevant case law and the principles of law involved.
We shall be glad to answer your queries.
We will also attempt to negotiate a settlement both in relation to any children and the financial issues with your spouse’s solicitors and ideally try to reach an amicable out of court overall settlement. If appropriate, we will take your instructions on raising divorce proceedings, usually in the Sheriff Court. Even if a divorce action has been raised it is always possible to try to negotiate an out of court settlement along the way.
If all issues involving the children under the age of 16 years and the financial issues have been dealt with it is possible to obtain a simplified divorce (“quickie divorce”).
Your divorce may be one suitable for mediation or collaborative law processes which will be explained to you.
We will keep expenses to what is reasonably necessary for the proper conduct of your case and in accordance with our terms of business.
We have handled, in addition to simpler divorce cases, many complex cases.
Checking...
Retry »
Sending message...
Enquiry Form
Fill in the form below and we will be in touch soon
General Work
Other general work
With almost 40 years of experience, my firm has handled most types of civil work. In addition to divorce, personal injury and family work, the firm has handled debt recovery, contractual disputes, landlord/tenant cases both commercial and residential (we have successfully defended tenants who were under threat of eviction from public sector landlords as well as private landlords), sequestration/bankruptcy, criminal injuries compensation cases, various statutory appeals such as the revocation of driving licences and taxi licences, commercial cases and property disputes. The list goes on.
We will usually attempt to resolve matters out of court but if necessary will raise the appropriate court proceedings, usually in the Sheriff Courts throughout Scotland.
We handle high value and lower value cases.
We act on behalf of pursuers as well as defenders.
We can take protective measures such as obtaining orders for arrestment and letters of inhibition on the dependence to safeguard your interest at the outset of court action.
Checking...
Retry »
Sending message...
Enquiry Form
Fill in the form below and we will be in touch soon
Cohabitation right and Civil Partnerships agreement
What is living together
Living together means living together as a couple without being married or in a civil partnership.
In some areas of law you may not have the same rights as you would if you registered a civil partnership, although in other areas of law you will.
You can also find out more about the differences between living together and marriage.
If you want to set down your legal rights in certain areas of your relationship with your partner, you can make an official agreement that will be recognised by the courts. This is known as a living together agreement or cohabitation contract.
This agreement can be about, for example, shared responsibility for your children, ownership of property which you live in, and ownership of jointly owned possessions. You will need the help of an experienced solicitor to do this.
Although a living together agreement is recognised by the courts, it may be difficult to force your partner to keep to the terms of the agreement. We can give you legal advice if you find yourself in this position.
What is a civil partnership?
A civil partnership is a legal relationship which can be registered by two people who aren’t related to each other.
Civil partnerships are available to both same-sex couples and opposite-sex couples.
Registering a civil partnership will give your relationship legal recognition. This will give you added legal rights, as well as responsibilities.
Once you have registered a civil partnership, it can only be ended if one of you dies, or by applying to court to bring the partnership legally to an end.
You cannot apply to bring a civil partnership to an end until it has lasted for at least one year.
Pre-registration agreements
As civil partners, you may choose to draw up an agreement, known as a pre-registration agreement, before you register your partnership. A pre-registration agreement can set out your rights and obligations towards each other and, in particular, what should happen if your relationship breaks down. It can include arrangements for children and your personal possessions, for example, the family home and any pensions. Both of you should get independent legal advice when you make an agreement. A pre-registration agreement is not legally binding but could influence the courts if they get involved when your civil partnership breaks down.
Checking...
Retry »
Sending message...
Enquiry Form
Fill in the form below and we will be in touch soon
Executry
Sorting out an estate if there is a will in existence
When a person leaves a will, they normally would have chosen at least one person to act as the executor of the will.
The executor is normally a relative or a friend, or sometimes a solicitor or a bank.
It is common for the executor to be an heir of the estate.
If you’re the executor of the will, you’re responsible for getting probate.
To get probate, you can either:
Use a probate specialist which can cost thousands of pounds, or
Do it yourself which usually costs a few hundred pounds to do.
If the value of the estate is more than £5,000, it costs £215 to apply for probate. It’s free if the value of the estate is less. Extra copies of the ‘Grant of Probate’ cost 50p each.
The costs are usually paid out of the estate, provided there is enough money to do so.
If a will is in existence then
A person who dies without a will is known as ‘dying intestate’.
This can make sorting out their estate a bit more complicated because the law decides who inherits the estate according to certain criteria called ‘intestacy rules’.
If there is a relative or friend who is willing and able to sort out the estate, they can apply for a ‘grant of letters of administration’ – also known as grant of representation, grant of probate, or confirmation (in Scotland).
This grant makes them the ‘administrator’ of the estate and allows them to value the estate, pay any debts and distribute the estate according to the intestacy rules.
Sorting out an estate without a will usually takes more time. So, the sooner you apply for probate, the sooner the you can distribute the estate to heirs.
If there are no surviving relatives, the person’s estate passes to the Crown.
To value the estate, you need to:
- Find out the value of any assets, such as property, private pensions, savings, shares, jewellery, or valuable collectibles.
- If you think the item is worth more than £500, you should get it professionally valued.
- Find out the value of any gifts that the person gave away in the seven years before they died. You’ll need to include these in the value of the estate. Certain types of gifts which were given away before the person died might incur Inheritance Tax.
- Find out how much debt they have if any, such as a mortgage, credit cards or loans. You should include funeral costs as part of the debt if the estate is paying for the funeral. If there is joint debt, you’ll need to work out how much is the deceased’s share of that debt.
- Work out how much the estate is worth once the debt(s) are paid.
- You’ll also need to work out if they had any jointly owned assets, such as a bank account or a property.
Depending on how it’s owned, you may have to include it in the value of the estate.
