Latest News & Blogs

December 10, 2018

Merry Christmas From Everyone At Pomphreys

Wishing you a very Merry Christmas and a Happy and Prosperous New Year! From everyone at Pomphreys
November 29, 2018

Guardianship – What happens if I can no longer look after my own affairs?

This is a question that faces many people, not least those of us who are getting on a bit. The simple truth of the matter is that if you don’t take steps to make sure that your interests are looked after before you can no longer make decisions for yourself, then someone can be appointed to make those decisions for you. This is usually your spouse or partner or a member of your family, a friend or a professional (for instance, a solicitor) but it can just as easily be someone from your local authority’s social work department. That person is called a Guardian and, once appointed, he or she can and will make decisions about your welfare or your financial affairs or both. You need to know too that it’s not just “old age” that might require the appointment of a Guardian. It may well be necessary where: You […]
November 29, 2018

Gosia Chylinska, Associate

We’re delighted to announce that Gosia Chylinska has been appointed an Associate of the firm. Having joined us at the beginning of the year as an Assistant Solicitor, it quickly became clear that Gosia had much to contribute to the firm. As you might have guessed, Gosia doesn’t come from Wishaw!  Gosia is Polish and arrived in Scotland in 2008 having studied law at the University of Bialystock where she gained a Masters Degree in Law. When Gosia arrived in Scotland she worked in a legal firm in Coatbridge whilst attending Glasgow Caledonian University where she studied for her LLB Degree. After gaining her LLB Degree, Gosia went on to study in the Diploma in Professional Legal Practice at the University of Glasgow. Whilst studying for the Diploma, Gosia worked full-time with the law firm in Coatbridge and gained an insight as well as a huge amount of experience in […]
November 29, 2018

Divorce and Separation – what’s the best way forward?

It’s a sad fact of modern life that many marriages, civil partnerships and other living together arrangements end in separation, and, in the case of marriage, divorce. Resolving issues between the parties to end the relationship can be a minefield. Invariably, solicitors get engaged to help with the resolution. What isn’t always known is that there are different options available to “manage” how to achieve a resolution. We’ll look at these options and how these might help rather than hinder the process. There is a completely unfounded belief that the separation can be dealt with amicably until the lawyers become involved. The bottom line is that each party has rights on separation or divorce and some of these conflict. Once a client has been advised of those rights, they may take a very different stance from that taken before they sought legal advice. Solicitors seek instructions from the client and […]
November 29, 2018
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Dilapidations in Commercial Leases

When we advise tenants on the content of a commercial lease, we need to make sure they fully understand the consequences of the dilapidations clause. This clause is widely used by landlords, after termination of the lease (and during the recession, more frequently during the course of the lease) to extract additional charges in relation to the condition of the premises This whole area of dilapidations is complicated with chartered building surveyors being engaged to support either the tenant or the landlord in differing circumstances. In basic terms, dilapidations are a claim for damages based on the repairing obligations as set out in a commercial lease. In a full repairing and insuring lease in Scotland (which is the most commonly used style of lease when dealing with commercial property) the landlord’s aim is to ensure that the premises are kept in good condition. To properly achieve this, landlords should warn […]


The abolition of SDLT for first -time buyers in England and Wales was a welcome Budget announcement. From 22 November 2017, first-time buyers will be relieved from SDLT on the first 300k paid for their property, so long as the value of the property does not exceed 500k. The measure is expected to benefit 95% of first-time buyers saving them an average of £1660 each.

In a similar move, the Scottish Government announced in it’s budget that it will be introducing LBTT relief on the first 175k paid by first-time buyers in Scotland.

Although considerably less than the SDLT relief, this is expected to cover most properties in Scotland, and will exclude 80% of first-time buyers from LBTT entirely. Additionally, as there is no upper limit on the value of the property, the tax paid by all first-time buyers will be reduced.