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TEL: 01389 756 785

PRACTICE AREAS

Police Interviews

The law of detention and arrest changed significantly in Scotland with the coming into force of the Criminal Justice (Scotland) Act 2016 on 25th January 2018. It is now crucial that you or a loved one obtains sound legal advice from a specialist criminal defence lawyer before speaking to the police. We regularly attend Clydebank Police Station and other police stations in Glasgow and throughout Scotland on behalf of our clients.

Being in a police station can be very intimidating, especially if you have never been there before or had any previous dealings with the police. We are very experienced at dealing with the police on behalf of our clients. We can help and protect you and ensure that your rights are not compromised. We provide 24 hour support, 365 days a year. What you say during a police interview could make a huge difference to what ultimately happens to you.

Call our 24 hr helpline 07773312883 if you are in trouble or the police want to speak to you.

Criminal Defence

We have great experience and had great success fearlessly defending our clients’ rights in Dumbarton Sheriff and Justice of the Peace Court and in courts throughout Scotland. Our lawyers appear in the Scottish Criminal Courts every day. We are always available to discuss your case and advise you on progress made. We are accessible. We provide representation for all types of criminal offences. We will give you sound, straightforward advice to achieve the best possible outcome for you in a range of matters including:

  • All Criminal Courts, including High Court, Sheriff and Justice of the Peace Court
  • Motoring offences
  • Benefit Fraud
  • Regulatory Offences
  • Proceeds of Crime
  • Parole Hearings
  • Investigations by Disciplinary Bodies
  • Appeals against Conviction & Sentence
  • Court Martial

Road Traffic Law

We hold an enviable record for preventing clients from losing their licence and provide advice and representation on a wide range of Road Traffic cases including the following:-

  • Dangerous Driving
  • Careless Driving
  • Drink/Drug Driving
  • Driving without Insurance
  • Failing to Stop/Report an Accident
  • Mobile Phone offences
  • New Drivers
  • Removal of Disqualification
  • Speeding
  • Serious Injury & Fatality cases
  • Totting Up/Exceptional Hardship
  • Special Reasons
  • Red Light offences

Family Law

We offer advice on a range of family law areas including:-

Divorce and Separation
In Scotland, you can only obtain a divorce by applying to the court, as they are authorised to end the legal contract of marriage. There are two ways to apply for a divorce, through simplified procedure or through ordinary procedure. The simplified procedure will only apply if there are no children under the age of 16 of the marriage and no financial matters to resolve. The ordinary procedure is the most common and applies to all other cases.

Grounds of divorce
The Divorce (Scotland) Act 1976 provides the grounds of divorce: where spouses have been living apart for one year and both consent to the divorce; or where spouses have been living apart for two years (consent is not required after two years’ separation). You can apply for a divorce immediately if your spouse has committed adultery or their behaviour is unreasonable. You must be able to provide evidence of this.

Financial provision on divorce
In Scotland, there are rules contained within the Family Law (Scotland) Act 1985 which promote the fair sharing of assets and debts which are in existence at the point of separation. Either party to a marriage may apply to the court for a capital sum, transfer of property, periodic allowance and / or pension sharing.

Matrimonial property
Matrimonial property is all property acquired during a marriage, before the date of separation. It may also be any property which was acquired before the marriage but the benefit of it has been used throughout the marriage, such as a family home. Once the amount of matrimonial property is established, the property must be fairly shared between the two parties.

Economic burden of child care
The financial burden of caring for children of the marriage should be shared fairly between spouses. Spouses are encouraged to come to an agreement regarding child maintenance and an appropriate figure between them. However, if an agreement cannot be reached then the Child Maintenance Service has the power to assess and collect maintenance.

Spousal financial support
Where possible, spousal maintenance should be avoided following a divorce. However, ifa spouse was financially supported throughout the marriage and is therefore economically disadvantaged as a result of the divorce, it is possible for them to receive spousal maintenance. This can only be for up to three years to enable them to adjust to that loss of financial support.

Child care arrangements
It is encouraged for spouses to make child care arrangements between themselves. However, if spouses are in disagreement then the court has the authority to make orders in relation to child care. This is mostly commonly facilitated through contact and residence orders.

Cohabitation and Separation
In Scotland, couples who live together but are not married or in a civil partnership may be recognised by the Family Law (Scotland) Act 2006 as a cohabiting couple. Section 25 of the Act indicates that the court shall have regard to the length of period the couple has been living together; the nature of their relationship during that period; and the nature and extent of any financial arrangements subsisting.

Section 28 allows a cohabitee to make a financial claim against their partner on separation. This aims to give cohabitating couples the same rights as married couples, however there is less protection offered in reality. This section takes into account the economic advantages and disadvantages of both parties and allows the disadvantaged partner to make a claim. Claims must be brought within one year of separation.

Cohabitation Agreements
Cohabitation agreements work in much the same way as a pre-nuptial agreement. This is a good way of setting out what will happen to assets should your relationship breakdown and ensure you are protected.

Cohabitation and Inheritance
Section 29 of the 2006 Act allows cohabitees to make a claim in the event that their partner dies. The court has a wide discretion as to how much the surviving cohabitee shall be awarded. The survivor cannot be awarded more than they would have been entitled to had they been a spouse of civil partner of the deceased.

It is recommended that you make a will to ensure that your estate will be distributed as you would like it.

Father’s Rights
The father of a child will automatically have parental rights and responsibilities if they are married to the child’s mother or they are registered as the father on the birth certificate. Parental responsibilities include providing guidance, maintaining contact and they are also responsible for safeguarding and promoting the child’s health, development and welfare.

Unmarried fathers who are named on the birth certificate now automatically acquire parental rights and responsibilities for the child through the Family law (Scotland) Act 2006. However, if they are not married to the child’s mother or named on the birth certificate, then they will have to apply to the court to be granted them or enter an agreement with the child’s mother.

Mother’s Rights
The woman who is pregnant and gives birth to the child is the legal mother of the child. However, the law does recognise that there may be other circumstances which can arise where another woman wishes to be recognised as the mother of a child, such as surrogacy and assisted reproduction.

Grandparent’s Rights
Grandparents do not automatically have any rights or responsibilities in respect of their grandchildren. Grandparents can negotiate a formal agreement with the parents of the child or alternatively, they are entitled to apply to the court for contact or residence. It is important to remember that the child’s best interest is the courts paramount concern in any case.

Contact (Access)
Parents have a right to contact with their child. Contact should always be promoted where it is within the child’s best interest to see both parents. There is no set entitlement to contact with a child and parents should try to come to an agreement between them on what they feel is best for the child and the family as a whole. There are various steps that can be taken if contact cannot be arranged and a solicitor can assist you with this.

Residence (Custody)
The paramount consideration of the court is whether it is better to grant an order than not at all. The court wants to maintain the status quo where possible and therefore they aim to interfere with family life as little as possible and avoid making unnecessary orders.

Protection from Harassment / Domestic Abuse
The Domestic Abuse (Scotland) Act 2018 criminalises psychological domestic abuse and coercive and controlling behaviour.
Harassment is repeated behaviour which makes you or your family distressed or scared. The Act requires courts to consider imposing an Interdict or Non Harassment Order on a person who has previously been convicted of domestic abuse to protect the victim from any further abuse.

The Matrimonial Homes (Family Protection) (Scotland) Act 1981 protects spouses who are suffering from the effects of domestic violence and abuse within the family home. This allows the victim of abuse to temporarily suspend the other spouse’s right to live in the family home through an Exclusion Order.

Children's Referrals

Children’s Hearings
Every local authority in Scotland has a Children’s Panel, often referred to as the Children’s Hearing System. Children’s Hearings take place with three skilled and trained Panel Members and their aim is to ensure that the child’s best interests are of paramount consideration. Cases are referred to by Children’s Reporters, who have the power to investigate any instances that have been brought to their attention by social workers or police officers. The purpose of a Children’s Hearing is to ensure that the child is sufficiently cared for and they have the power to make various orders regarding this.

Social Work Involvement
Social Work may become involved in the care of a child to ensure they are protected from any potential risk and to support families. Referral to social work can be done through a number of ways. Professionals such as doctors, health visitors or schools could contact social work if they have any concerns about a child. You can request help yourself from social work. Social work’s primary consideration is to help improve your family life and promote the welfare of vulnerable children.

Incapacity Law

Power of Attorney
A Power of Attorney is a legal document which authorises one or more people to act on your behalf. There are different types of Power of Attorney, these can cover financial or welfare matters or both. This is a way of planning for the future in case you are unable to make decisions in the future for yourself. You must have capacity at the time of granting a Power of Attorney, which could be confirmed with a medical report if there are any concerns. This will be further confirmed by a solicitor and/or medical practitioner to certify that you have capacity.

Guardianships
A Guardianship Order is a court order which appoints one or more people to act on your behalf as your adult guardian. This type of order is made as an alternative to a Power of Attorney, when the adult no longer has capacity to grant it. A Guardianship application can seek welfare or financial powers or both. This will allow them to exercise these powers and make decisions on the adult’s behalf.

Other Legal Services

Wills
Making a will is extremely important as it allows you to have control over what will happen to your estate (everything you own) when you die. This is a legal document which allows you to leave specific items and amounts to named beneficiaries; this can be family members, friends or even charities. In addition to naming who you wish to benefit from your estate, a will allows you to dictate funeral arrangements. We advise that you consult with your family regarding funeral arrangements as well, to ensure your wishes are clearly communicated. A will always has to include an Executor, so it is a good idea to have a think about who you would like to assign to this role.

Executry
When someone dies, a legal process called winding up the estate or executry administration takes place. This is the process by which the deceased person’s assets, debts and Inheritance Tax are dealt with. This process will be carried out in terms of the deceased’s will if they have one and the relevant beneficiaries will be identified. There are various different steps which need to be taken when winding up an estate. The timescale of completion of an executry is difficult to predict due to the varying sizes of estates, the type of assets and debts the deceased has and if there are any claims against the estate. An Executor is responsible for the administration of the estate and it is always advisable to appoint a solicitor to assist with this.

Additionally, we also specialise in areas listed below:

  • Personal Injury Claims
  • Buying/Selling A House
  • Benefit Appeals
  • Taxi Licence Appeals
  • Firearm Certificate Appeals
  • Debt Advice
  • Housing Law