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Latest News From Complete Clarity Solicitors

The latest legal news & family, employment, personal injury and wills & succession law news from Complete Clarity Solicitors.

Complete Clarity Solicitors is one of Scotland's most dynamic law firms. Our clients include private individuals and businesses of all sizes.

Everything we do is driven by our objective to secure not only legal but also commercial success for our clients. From our offices in Glasgow, we can help you with everything from debt recovery to family...

Complete Clarity Solicitors is one of Scotland's most dynamic law firms. Our clients include private individuals and businesses of all sizes.

Everything we do is driven by our objective to secure not only legal but also commercial success for our clients. From our offices in Glasgow, we can help you with everything from debt recovery to family law.

Our team can advise on the full range of legal services in Scotland. Our lawyers will work together with you to achieve the outcome you desire.

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Power of Attorney FAQs

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Power of Attorney FAQs

In the event that you become incapacitated and are unable to manage your own affairs, a power of attorney enables someone else to act on your behalf. We look at a few often-asked queries about powers of attorney and how they work.

You must choose your power of attorney someone you trust to have the mental capacity to make decisions on their behalf. Contact a notary or solicitor to get legal advice.

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What happens to shares upon the death of a Shareholder

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Questions about what should happen to the assets of a shareholder after death and how they should be distributed to beneficiaries will inevitably arise.

Here, we detail four helpful actions to take into account when transferring the shares of a shareholder who has passed away with business owners and executors in mind.

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Why having a will (even a simple one) is better than dying without a will

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Why having a will (even a simple one) is better than dying without a will

Making a will can seem difficult, and the temptation to put it off until "another day" may be great. There are numerous justifications offered for not drafting a will, many of them are founded on false presumptions or a failure to recognise the significance of doing so.

It is strongly advised to have a straightforward will in place even if you do not have a sizable quantity of cash. You have a lot more flexibility with it, and you may decide who will inherit your possessions after you pass away. Without a will, the default laws of intestacy, as outlined by the law, would determine how your inheritance was divided. This may not be how you planned your possessions to be divided and may benefit those you did not intend to leave anything. Hence, in our legal advice, we would suggest appointing a power of attorney who will ensure nobody else gets to make decisions upon your death.

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Considerations for landlords when consenting to a sub-lease

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Many firms have experienced transformation as a result of recent events. Some people have benefited from the transition and seen growth, which has prompted them to expand by purchasing larger facilities. Others need to reevaluate their footprint in an effort to downsize due to financial difficulties or changes in their working styles. The possibility of "sub-letting" all or a portion of their facilities to another firm is one possible choice for businesses wishing to reduce expenses.

This article examines the conditions under which landlords may withhold consent from commercial tenants in Scotland before they enter into a sublease.
 

What is subletting?

When a tenant of a business lease grants a sublease to a different party (the "sub-tenant") who will occupy in their place, this is known as subletting. Subletting enables the original tenant (the "head tenant") to "pass on" the financial burden of paying rent (and other amounts) to the sub-tenant by renting all or part of the property to someone else. In rare cases, the original tenant may even be able to benefit by subleasing the space at a greater rent than stipulated in the initial contract.
 

Landlord's consent

In almost all business leases in Scotland, it is stated that if a tenant wants to sublet, they must first get the landlord's permission in writing.
The terms of the lease and the particular facts and circumstances surrounding the proposed sublease will determine whether a landlord can refuse to give an agreement to a sublease.
Unless otherwise specified in the lease, the landlord will have the ultimate right to reject consent and will not be required to provide a justification for doing so. But the majority of commercial leases provide that the landlord's approval cannot be unreasonably withheld. That raises the question of whether a landlord might legitimately refuse to approve a proposed sub-let.
That raises the question of whether a landlord might legitimately refuse to approve a proposed sub-let.
The Outer House of the Court of Session outlined some of the fundamental considerations that apply when determining whether a landlord has the right to deny a request to sublet in the landmark case of Burgerking Ltd. v. Rachel Charitable Trust:
  • The landlord is not permitted to refuse permission for reasons unrelated to their relationship with the tenant, nor is the landlord permitted to refuse permission in order to obtain a corollary benefit.
  • The renter must be given the landlord's reasoning so they can decide if consent was properly denied. Even if those other justifications would have been valid at the time, the landlord cannot later rely on them.
  • It will typically be sufficient to demonstrate that at least one of the landlord's objections is legitimate if the landlord gives more than one justification for rejecting the request. However, if the court determines that the landlord's decision was unreasonable as a whole because one of the grounds was found to be incorrect or if the many justifications offered by the landlord were not completely independent of one another.
The landlord could refuse consent for a variety of reasons. In Burgerking, the court determined that a landlord's refusal to provide permission was fair given the possibility that a reverse premium to be paid to the subtenant would have driven down the property's market rent in the event that it were to be re-let in the future. The subtenant's business kind and the proposed subtenant's financial situation are two further justifications that a landlord can try to use (e.g. if this would interfere with the trade mix at a shopping centre or retail park).
 

Comparison with assignation

Subletting is distinct from assignation, which is the transfer of a lease from one tenant to another. In an assignment, the exiting tenant's rights and obligations under the lease are transferred to the new tenant, negating the landlord's power to take legal action against the original tenant as in a subleasing arrangement. Because the head tenant is still responsible to the landlord for the rent and other amounts due under the head lease, it is often less likely to be acceptable for a landlord to withhold consent to a sublet based on the sub-financial tenant's strength.

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Education Law: Disability discrimination in schools; Are they failing to make reasonable adjustments?

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A person has a disability, according to the Equality Act 2010 advice for schools, if they have a physical or mental impairment that significantly and persistently limits their ability to carry out daily tasks.

A school is thus prohibited from discriminating and being unlawful against a disabled student in any area, including admissions, instruction, exclusion, or denial of opportunities or choices. All educational activities, including assessments and internal exams, behaviour and discipline management, and use of school facilities, are included in this provision of education, as well as any extracurricular and recreational activities, after-school and homework clubs, sports activities, and field trips. To know more, contact our solicitors!

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Is collaborative law the right option for you?

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Watching court proceedings on TV, filled with tears, temper tantrums, and dramas are entertaining, but it's best to avoid them in real life and try to resolve disputes without going to court. Given the sensitive and unpleasant topics that will be discussed, it is understandable that cups of tea and tissue boxes will frequently appear in family law hearings. But there is an alternate approach. The tension and anxiety caused by a relationship breaking down might be lessened through "Collaborative Practice." 

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Consider the best option for your divorce

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It is possible to take charge of the process to ensure the best result for you and your family if you find yourself in a situation where getting a divorce is your only option because your partnership has failed, either now or in the future.

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Why you should tell children about divorce and separation

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As family lawyers, we recognise the value of communication. We are aware that a client and their child may be dealing with trying circumstances that could harm their mental health. Younger children need reassurance and special care during this period. We assist them in settling separation-related legal concerns. When it comes to the subject of divorce or separation, it is important to reassure your children and ensure they talk about their feelings. There are two strategies of problem-solving that might lessen the conflict of a separation or divorce and the stress brought on by relationship failure: collaboration and mediation. These strategies need to be taken by the mother and father who need to put in efforts together to maintain a good relationship with the other parent.

What is mediation?

Clients who are going through a divorce are frequently referred to mediation. An accredited legal mediator or a non-lawyer mediator can mediate a dispute. This kind of dispute resolution is particularly useful when it comes to matters involving the care of many children. When contact with an ex-partner has deteriorated, mediation offers a "safe" setting where issues can be brought up and they can express their feelings in front of the mediator or counsellor, who is an impartial third party. Each participant has the opportunity to voice their opinion during respectful and open discussions. Although the mediator won't resolve the conflict or ensure they don't separate, they can help to promote communication, comprehension, and ultimately agreement to get divorced without going to court.
There will be a first intake meeting where each party can express their worries and expectations for the mediation process to the mediator. After that, several collaborative mediation sessions will take place. At the conclusion of the process, a summary of what has been agreed upon is prepared, which can be formalised in writing by the parties respective attorneys. Mediation discussions are private and cannot be used as evidence in court, which provides parties true freedom to consider many choices. If you feel sad or feel angry, you can take help from a counsellor and be able to see things in a different light.
And as we adjust to new ways of working and assisting clients, mediation can still happen with counsellors virtually despite the limitations imposed by the pandemic.

What is the Collaborative process?

The Collaborative process can also be utilised to settle problems brought up by the news of your separation. To resolve issues, trained collaborative attorneys will collaborate with their clients in a unique and creative manner. The unique aspect of this method is that both the clients and their attorneys sign an agreement at the outset promising not to file a lawsuit and instead want to talk. All discussions take place in front of both clients and attorneys, and an agreement to be completely transparent, open, and honest is made. Only attorneys who have received collaborative training are eligible to take part in this process. Input from qualified financial advisors and qualified counsellors can also be helpful to clients.
This strategy places the consumers at the centre of the procedure and empowers them to come up with original solutions to their conflicts. This will eventually help your child and ensure that the children handle the situation even if you are not together anymore. It enables everyone involved in the process to concentrate on their shared interests and develop a plan that works for them and their families, which is crucial for resolving problems involving the care of any children from the relationship. Collaboration meetings can also be held online.

Talking to your children about divorce

Wait until you've made your final choice before you tell your children if you and your partner are debating a separation or divorce. Do not argue in front of your children. Even though being truthful may seem like the best course of action, if you later change your mind, it could be confusing and unpleasant for them. Children tend to feel angry or feel sad during such times.
You should definitely tell the children once you've made up your mind to separate. However, avoid telling them weeks in advance. It might be best to only give them a short amount of notice so they don't have to worry about it for too long.
When everyone is quiet and at ease and you have the time to explain everything slowly and thoroughly, talk to your preschooler. Don't have the chat soon before bedtime or before dropping her off at preschool because she could need further assurance later.

Be honest with your children

The idea of being children of separated parents is a worry to every child. However, they are likely to feel better if you be honest with them about your decision to separate and give them time to be able to cope up with the news. Tell her you're happy to answer any questions if they need to talk now or later and give them lots of hugs and comfort.

Solicitors to help you with a separation or divorce

The family law team at Complete Clarity Solicitors is able to offer professional guidance on all facets of divorce and separation. We have a number of Collaboratively trained lawyers and accredited family law mediators who can help when it is difficult to talk for you.
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The process for child custody and residence disputes in Glasgow

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The process for child custody and residence disputes in Glasgow

In our experience as family and child law solicitors in Glasgow who counsel clients on a daily basis, the procedures involved in resolving disputes are among the most commonly asked issues by clients.

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Child Contact: April is Stress Awareness Month

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Child Contact: April is Stress Awareness Month

April is Stress Awareness Month, and as family lawyers, we frequently help people who are struggling with a variety of challenging problems, both emotional and otherwise, when a relationship has ended. One issue that frequently raises concern is the arrangements for any children of the partnership to have contact with the non-resident parent.

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My partner and I are going to buy a home together, what should I be thinking about?

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When you buy a home, especially your first home in a joint tenancy, it is rather a big step and you may be worried about a mortgage.

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How to prepare a Cohabitation Agreement

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When a couple buys a home in their joint names but makes unequal contributions to the cost of acquisition, this is a typical situation in which a cohabitation agreement may be entered into. In that case, a cohabitation agreement can effectively ringfence their individual contributions in the event of a breakup. There is no "one size fits all" solution; rather, such agreements are personalised, suited to the specific circumstances of the partnership, and can handle a wide range of issues.

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Update On Cohabitation Law

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Update on cohabitation Law 2022

The Scottish Law Commission released its "Report on Cohabitation" on November 2, 2022. Following a protracted consultation process with lawyers, academics, the general public, and decision-makers, the paper explores how the current law governing cohabitants' rights upon separation might be amended.

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Thinking to relocate abroad with your children?

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Thinking to relocate abroad with your children?

To move abroad with children may not be on anyone's mind right now, but for parents who live abroad, returning to their "home country" from a new country after a marriage breakup may seem like the only option. However, adding a global component could make the already challenging decision of where and with whom to place the child much more difficult.
 
If you want to take your child out of the UK and want to move abroad, you must get permission to relocate and consent of the other parent. In the event that they decline, a court application must be made to obtain the permission of the court and authorization to migrate with the child outside of the UK.
 
The well-being of the child is the most important factor to take into account while deciding whether to move abroad with a child. The court will conduct a welfare evaluation and evaluate the feelings of the child when reviewing requests for relocation and determine whether or not the move will be in the child's best interests.
 
The applicant's parents may have to make a very difficult choice and reach an agreement with the other parent regarding their own migration if the application is rejected. They could feel loyal to a nation where they have few relatives or friends. This could occasionally result in that parent acting irrationally and taking the child away without asking the court for permission, forgetting their parental responsibility.
 

What do I do if my partner is going to take my child abroad without permission to relocate? 

If a parent relocates with a child without the other parent's consent after divorce or separation or an order of the court then according to family law, the 1980 Hague Convention on Civil Aspects of International Child Abduction offers a remedy for the return of the abducted child.
 
Hague Convention
 
The 1980 Hague Convention on Civil Aspects of International Child Abduction provides a remedy for the return of the abducted kid if a parent relocates with a child abroad without the other parent's agreement or court order.
 
An international agreement called the Hague Convention aims to ensure the return of kidnapped children across borders. One of the 101 signatories is the UK (as are most countries in Europe along with the US, Australia, and New Zealand). A request for the kid's return under the Hague Convention may be made if the child is removed from one of the signatory states.
 
You should seek immediate legal counsel if you believe your kid may be in danger of being removed from the UK by their other parent because you may be able to secure protective measures and parental responsibility.
 

Solutions to ensure the parent doesn't move abroad with children 

To stop the removal of children from the UK, the family law court has a broad range of authority. The court may issue an interdict, which is a directive barring the kid's removal. It may also demand the return of passports and the disclosure of the location of the youngster. An interdict can be strengthened in cases of immediate danger by a UK-wide port stop order, which informs all airports and seaports of the potential for the child to be taken out of the country illegally.
 

Get help from our solicitor to avoid your partner to relocate with your child abroad

It is imperative that you obtain immediate legal advice to stop the potential removal of your kid from the UK rather than attempting to resolve the issue through the Hague Convention.
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What are my rights? Parental rights and responsibilities of a father in Scotland

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What do parental rights and responsibilities entail? (PRRs)

Parents have a variety of obligations and rights regarding their children, including the duty and the right to protect and advance the health, welfare, and development of the child, have a say in where the child lives, participate in their upbringing, serve as the child's legal guardian, and always act in the best interests of the child.

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Best interest of the child or the environment?

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Family lawyers in Scotland will be familiar with the "bible" known as Greens Family Law, but how environmentally friendly (or unfriendly) is family law?

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Specific Issue Orders and other common questions on children and family law

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When a child is involved in a difficult dispute, a court order could be necessary to settle the matter. Here are the "specifics" on particular issue orders, regardless of whether the situation involves school, holidays, relocation, or medical intervention.

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Meet The Team -  Nicole Arthur

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Meet The Team -  Nicole Arthur

Role At Complete Clarity

Secretary/Clan Support 

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The cost of living crisis and its affect on child aliment for University students

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Halls have been transformed into homes, Freshers Week is over, and the real work needs to begin. A new group of young people has begun their university careers.

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What are my rights? I have been removed from a Will

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What are my rights? I have been removed from a Will

How do I contest, dispute, and challenge a will and estate that I was left out of? For instance, my father left his money to his unmarried partner and left me out of his will, or my mother left more money to my sister than to me.

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