Latest News & Blogs

March 23, 2018
divorce

Divorce in Scotland

Decree nisi and decree absolute are orders granted in English law in relation to divorce. In Scotland it is different and the court will grant a decree of divorce which is a final order. Most of the times in Scotland financial and other matters in relation to separation will be dealt with by way of a written agreement with no need to ask the court to intervene. After the agreement is signed you can apply to the court for divorce without needing to bring in all the other issues that arise on separation. Separation agreements must be fair and reasonable at the time they are signed, so it is important, even if you do not raise an action in court, that you get advice from a solicitor with experience in family law. If you require any advice on separation or divorce, please contact our expeienced solicitors, Iain Wilson and Sarah […]
March 22, 2018
doa

Dead or Alive?

A man who presented himself before a Court to prove that he is still alive has been refused the annulment of his death certificate. Mr Deliu (63) was declared dead in 2016 two decades after he left Romania to work in Turkey. He had no contact during that period with his (allegedly unfaithful) wife, who reported his death. Mr Deliu returned to Romania in January and sought to annul the death certificate to enter into legal employment. However the Judge ruled that the deadline for appealing a death certificate had passed and there was nothing they could do!
March 22, 2018
tenant-eviction

Eviction Grounds under The Private Housing (Tenancies) (Scotland) Act 201

  Schedule 3 of the 2016 Act deals with the grounds for eviction that can be categorized in the following groups: The let property is required for another purpose. The Landlord intends to sell If the Landlord intends to sell, the First-tier Tribunal must find evidence this is indeed the case, i.e. a letter form a solicitor confirming that the sale has been instructed would suffice. Property to be sold by Lender The First-tier Tribunal must find that the ground applies if the property is subject to a Standard Security. A creditor under the security (the Lender) can sell the property and requires vacant possession. Landlord intends to refurbish   It is an eviction ground if Landlord intends to carry out an extensive disruptive work to the property. The First-tier Tribunal will wish to see evidence to this effect – for example a planning permission or contract between the Landlord […]
March 5, 2018
eu-general-data-protection-regulation-20181

The General Data Protection Regulations – A summary

  The General Data Protection Regulations (EU) 2016/679 (The GDPR) are to be implemented into UK law on the 25th May 2018. The regulations will have direct effect in UK law from that date. The GDPR is designed to enable individuals to better control their personal data and will allow for a single set of rules to govern this area. The aim is to make it cheaper and easier for business to be carried out across the EU.  The regulations will affect any business holding personal data on customers, prospects or employees based within the EU. So what is personal data? This is defined in the regulations as any “information relating to an identifiable person who can be directly or indirectly identified by reference to an identifier.” There are a number of personal identifiers which could constitute personal data including including name, identification number, location data or online identifier, reflecting […]
January 23, 2018
first-time-buyers

Tax Relief for First-Time Buyers

TAX RELIEF FOR FIRST-TIME BUYERS 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.

TAX RELIEF FOR FIRST-TIME BUYERS

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.