Raeside Chisholm are pleased to offer both our private and commercial clients considered advice in all manner of civil disputes. Our Dispute Resolution and Litigation Department recognise that it is not always in our clients' best interests for matters to be automatically litigated over. We are happy to explore with our clients modern alternatives to litigation with a view to resolving their disputes, adopting an imaginative approach to solving their problems. Contact our expert Commercial Litigation Solicitors in Glasgow today.
Commercial Litigation Lawyers Glasgow, Scotland
There are alternative forums within which disputes between parties can be resolved. Our Dispute Resolution Team will be pleased to consider with you whether mediation, arbitration or adjudication might provide an alternate to litigation through the courts, in the event that negotiation is unlikely to achieve an acceptable resolution.
Our Dispute Resolution and Litigation Team do however have between them decades of litigation experience and can offer expertise and specialist advice and can provide clients with appropriate support in many areas of potential dispute.
Our Dispute Resolution and Litigation Department is headed by our director, David Doig. He is responsible for coordinating his department including their offering advice on matters which might be resolved through negotiation, arbitration or mediations He heads up our experienced Debt Recovery Team which can provide a complete and professional service at a cost effective rate. He and his team have experience in disputes involving neighbours and with particular experience in relation to matters involving interpretation of deeds of conditions relevant to common property.
Our commercial litigation offering provides advice to business minded individuals and to small and medium sized businesses in relation to contractual disputes, application of partnership agreements and pursuit and defence of claims for damages. They have experience in relation to personal injuries matters and can ensure that clients receive specialist advice, perhaps funded by insurers, whether it be in the Sheriff Court or the Court of Session. The Team can assist parties in property disputes which require to be resolved in Land Court or Lands Tribunal.
Our Commercial Litigation Team offer advice in relation to tenancy agreements, both domestic and commercial and ensure both landlords and tenants are equipped with advice to enable them to have determined issues arising in the creation of tenancies, through the operation of leases and on termination of such contractual arrangements. They assist in providing advice with regard to service of relevant notices to quit and AT6s and pre action protocols, as well as raising appropriate proceedings on behalf of landlords for eviction/ejection and removal of defaulting tenants. Our team have experience in evicting parties utilising land to which they have no title to occupy.
Our Commercial Litigation Team are happy to advise on issues surrounding bankruptcy and insolvency including that of individuals or the winding-up or liquidation of companies. They work closely with insolvency practitioners in connection with operation of trust deeds and sequestration. We are pleased to offer advice to individuals who have found themselves in the position of being unable to cope with their debts, and are happy to work with such individuals with a view to seeking to find some breathing space with their creditors, freezing of interest, postponing the enforcement of judgements or decrees against them, or sensitively assisting them in winding down their affairs through personal insolvency (bankruptcy / sequestration).
We can also assist individuals who have already been declared bankrupt, and can assist in petitioning the Court for the recall of awards of sequestration following appropriate resolution of issues with creditors and the Accountant in Bankruptcy’s representatives.
We also assist Companies in dealing with difficult financial situations which might arise from time to time. We can engage in negotiating matters with creditors, and if a resolution cannot be achieved, will liaise with Insolvency Practitioners in achieving a structured winding up of the business.
David Doig has had a particular interest in representing the operators of a privately run Scottish prison in connection fatal accident enquiries arising from the deaths of inmates in custody.
Our Commercial Litigation Team will therefore be pleased to offer clients imaginative and prompt guidance and support on court and quasi court matters.
Raeside Chisholm Commercial Litigation Team
David Doig
David is a director at Raeside Chisholm and heads up the Commercial Litigation Team. He has 28 years’ experience in civil court matters, and is responsible for a Team who can offer a range of advice to commercial and business minded individuals who require debt recovery, repossession or straight forward dispute resolution and litigation advice. He has considerable experience in commercial law disputes and has been an enthusiastic participant in the commercial court at Glasgow since its introduction in 1999. He has offered advice to individuals, as well as to corporate and institutional clients. David and his team know how much clients value effective and prompt service, maintaining a sensitive eye on the economics associated with achieving a practical resolution to the matters at issue.
He and his team act on behalf of clients both north and south of the border and have connections with Firms in England and Wales, so a continuing hand-on service can be provided to clients, even when matters required to be pursue out-with the Scottish Courts’ jurisdiction.
Contact our Commercial Litigation Solicitors in Glasgow, Scotland
To arrange an initial consultation with one of the best commercial litigation lawyers in Glasgow, please complete our online enquiry form or contact us on 0141 248 3456.
I received an excellent service from Raeside Chisholm - JB
At Raeside Chisholm, we recognise that family law matters can involve difficult and anxious issues. We aim to be supportive and understanding whilst at the same time providing you with an efficient and professional service. Our experienced Family Law Team can help will all aspects of family law from pre-nuptial and co-habitation agreements through divorce and separation and child care issues. We are also able to assist in relation to adults with incapacity whether those adults be elderly people or younger vulnerable adults. For expert family law advice, call us on 0141 248 3456.
Family Lawyers Glasgow, Scotland
Our family law team advise on:
- Divorce & Separation
- Pre-nuptial and co-habitation agreements
- Separation and divorce or dissolution of civil partnership
- Children & the Law
- Adults with Incapacity
We pride ourselves on building lasting relationships with our clients. We take care to establish at the outset our clients’ aims and objectives. We recognise that each client and every situation is different and we deal with each circumstance sensitively. Our experience means that we are able to support our clients from the outset through to conclusion of the process, assisting with any particulars issues which might arise throughout.
Dealing with family issues often requires extensive support and assistance throughout any process. Our clients find themselves in entirely novel situations of which they have no experience and which they never thought they would find themselves. We know that most people have little experience of dealing with legal issues and procedures. We aim to guide and support our clients through the process, achieving a satisfactory eventual outcome. Whilst our team is exceptionally experienced in dealing with matters through the court process, we are able to assist in attempting to resolve matters outwith court. However, if the client's interests requires court action to be raised or defended, you can be assured that our experienced litigators are able to pursue proceedings to a conclusion.
Family Lawyers for Bearsden, Milngavie, West End, Newton Mearns, South Side & Across Glasgow
Whether you are based in Bearsden or Mingavie, or elsewhere in the West End of Glasgow, Newton Mearns, elsewhere in the South Side or in the surrounding areas of Glasgow, we can help you. Our local family lawyers are here to help you.
Our team has experienced individuals within the firm who can assist with other ancillary matters such as the execution of Wills and Powers of Attorney and House Purchase and Sales. At all stages, we aim to provide a high quality, value for money service. For more advice, call us on 0141 248 3456.
Raeside Chisholm Family Law Team
Our team bring a broad range on experience in all areas of Family and Child Law. Our solicitors also bring their knowledge of other areas of law, ensuring that we are able to provide our clients with solutions taking into account the practicalities and realities of each client’s individual circumstance.
David Doig
David is the director in Raeside Chisholm with overall responsibility for dispute resolution and litigation. He has considerable experience as a family law practitioner and advises in all aspects of family law. He seeks to achieve negotiated settlements where possible but will utilise court procedures if matters are not capable of resolution outwith court. He assists clients in relation to a wide range in separation and divorce matters including significant financial claims with both domestic and international features. He is experienced in making applications to court for orders involving children including specific issue orders, contact and residence and applications for private school fee payment orders. He has acted in family actions where one parent sought to remove a child from the UK to live abroad.
Contact our Family Solicitor in Glasgow, David Doig
To arrange an initial consultation with one of the top family solicitors in Glasgow, please complete our online enquiry form or call us on 0141 248 3456.
Excellent service from Raeside Chisholm - J Bell
If you are a homeowner who would like to release some of the equity tied up in their home, Raeside Chisholm can help. We advise on the legal aspects of releasing the value tied up in your home and can refer you to financial advisors who can fully discuss the various options available to you, as well as dealing with the whole application process.
Equity Release in Scotland
Equity release in the UK is now fully regulated. The market for home equity release is regulated by the FCA (Financial Conduct Authority). In addition, the Equity Release Council is a voluntary body to which the majority of equity release lenders subscribe. The Equity Release Council Code of Conduct set strict criteria to which members must adhere. This Code sets out place safeguards for borrowers, ensuring that equity release products and services can be used with confidence.
The Equity Release Council Code of Conduct states that homeowners are guaranteed the right to remain living in the property until death or until they enter long-term care. There is also a 'No Negative Equity' guarantee which ensures that the amount to be borrowed can never exceed the value of the property of the home itself – and, no debt can be left behind for the descendants of the borrower (or more accurately, the beneficiaries of their will). While not authorised to provide financial advice, we do have a wealth of expertise in advising on the legal aspects of equity release in Scotland.
Equity release is a useful way to realise capital for a number of reasons, but there are some factors which should be taken into consideration when deciding whether or not it's right for you. More and more of us are living longer into out retirement years. As such, we may, in time, require to source additional capital if our pensions and savings are not sufficient. For most of us, our biggest asset is our home. Releasing some of the equity tied up in the value of our home can be an ideal way to make our golden years more comfortable. In 2010, UK Homeowners released £800m of equity from their homes. In 2013, the amount of equity released increased to over £1bn.
What is Equity?
Equity in the context of your home is the current market value of your house, less any debts which are secured against it. So, a home with a market value of £100,000 which has £25,000 left on the mortgage and £10,000 of loans secured against it has 'equity' of £65,000. Thus, there is £65,000 of equity which can be released.
Equity can be released in the form of a tax-free lump sum, or it can provide a regular income. It can also be used as a reserve to secure lending against. How much can be released, and the purposes for which it can be released depends on the value of your home, your age, and the type of equity release plan you choose.
Types of Equity Release
There are two types of equity release plan available in the UK. Each has its own unique features. Raeside Chisholm can advise on the right plan for your circumstances.
The most common type of equity release plan is a Lifetime Mortgage. Alternatively, homeowners can choose a Home Reversion plan.
Lifetime Mortgages
Lifetime mortgages are similar to normal mortgages but without one crucial difference. Rather than making repayments during their lifetime, the cost of repaying the released equity is met from the deceased's estate. With a lifetime mortgage the equity sum can be taken as one tax-free lump sum or as a series of scheduled payments. If there is anything left in the estate after the lifetime mortgage has been repaid, this is distributed according to the deceased's will, if one exists. These types of equity release plan are available to those over 55.
Home reversion plans
Home reversion plans, on the other hand, transfer ownership of the home to the lender. The borrower (the person releasing the equity) retains the right to live there until death, at which time title (legal ownership) to the home transfers to the lender. In most cases, there is nothing left to the deceased's estate. There are home reversion plans which allow you to borrow against some of the value rather than the whole. This type of plan is available to the over 65's
What are the benefits of equity release?
- Tax-free lump sum or steady regular income
- Reduction in Inheritance Tax payable from your estate
- The 'No Negative Equity' and continued rights of residence guarantee
- You can remain in the property
Downsides of equity release:
- The amount you leave to your family after death is reduced
- It can affect some benefits you receive from the state
- It is more costly than selling your property outright – a lifetime mortgage can cost four times as much the amount borrowed after 20 years. Some home reversion schemes can exchange 70% of the home's value for just a 20% advance.
Can I release equity?
All lender will use certain criteria to decide who can release the equity in their homes. Lifetime mortgages are available to those over 55, while home reversion plans are available to those over 65. You can take out some lifetime mortgages from the age of 55, but home reversions are available only to people aged 65 or older. Some enhanced products offer more favourable terms if you're a smoker or have health problems that could decrease your life expectancy.
The total amount you can borrow depends on your age – generally, the older you are, the more you can borrow. Some lenders will offer minimum loan amounts, and there may also be a minimum value requirement attached to your house. In most cases, your house will have to be worth more than £70,000.
There are alternative means of raising finance through your home, such as remortgaging.
Contact our Equity Release Solicitor in Glasgow
If you would like more information on the legal aspects of equity release, speak to one of the best conveyancing lawyers in Glasgow today. Please complete our online enquiry form or contact us on 0141 248 3456.
Raseide Chisholm can offer you a wide range of options to ‘remedy’ your personal debt problem. Our expert personal debt advice lawyers can find a solution that is suited to you.
Personal Debt Advice Lawyers City Centre Glasgow
There are several options available to you if you need to pay a personal debt in Scotland, whether you have the funds to pay it or not. It is important to bear in mind that Scottish debt legislation is different to the rest of the UK’s, therefore so are some of the solutions.
Trust Deed
A trust deed is a legally binding agreement between you and your creditors (the person(s) you owe money to). If your trust deed becomes protected (a protected trust deed) your creditors will not be able to make you bankrupt or take further action against you.
In order to qualify this you must meet minimum criteria. In order to use a protected trust deed you must:
- Be Scottish resident
- Have a debt of £10,000 or more
- Be able to contribute at least £150 a month towards paying off your debt
With a protected trust deed you pay off your debt each month over a period of about three years. With this remedy you may keep your house and at the end any debt left over can be cleared.
Debt Arrangement Scheme (DAS)
The DAS was set up for people who need help managing their debts by the Scottish Government. A Dept Payment Programme (DPP) may also be arranged under the DAS, although you cannot apply for this directly.
Sequestration (Bankruptcy)
Sequestration is the Scottish term for ‘bankruptcy’.
One of your creditors can make you bankrupt, or you can petition your own sequestration under a Certificate of Sequestration or LILA (see below).
Although it is possible that you will lose your house or other property (yet there are certain safeguards in place to protect your family if this occurred), there are benefits to sequestration. This remedy removes the pressure from you to repay your debt, and you are allowed to keep some things, for example household goods.
Low Income Low Asset (LILA)
A LILA is a form of debt relief in Scotland that may be used by those who cannot afford bankruptcy, or to pay off their debt. It is another route to sequestration, which has minimum criteria that need to be met, one of which, notably being that you must have an income of £237.20 or less (based on a 40 hour week)
Asking to write off your debt
Your creditors may agree to write off your debt, or even stop action if you have no money to pay it. However, this only tends to happen in exceptional circumstances
One remedy alone may not suffice; depending on your debt a mix or balance of options may be more suitable. It is advisable to seek legal advice so that your debts are paid off efficiently, and in a manner which suits you best.
Contact our Personal Debt Advice Lawyer in Glasgow, David Doig
To find out how we can help you, or to arrange an initial consultation with one of the best personal debt lawyers in Glasgow, please complete our online enquiry form here or contact us on 0141 248 3456.
