Archive for the ‘Our News’ Category
Tuesday, August 17th, 2010
(Senior Partner Ivor Klayman of Caesar and Howie sounds a note of caution)
We live in austere times these days. Money is tight in most households and we are all looking for ways to get things done cheaply if we can. DIY stores are apparently bucking the retail trend for that very reason. We are also seeing from time to time some legal work being done by individuals themselves. This seems to be limited to probably two areas of work, letting residential property and writing wills. On the letting side some people are reluctant landlords rather than landlords of choice – with letting being a last resort when the housing market is poor. These landlords may be trying to let “on the cheap” On the wills side there has always been a small number of people who go “DIY”.
Sometimes a DIY legal job is done properly but over my career, for every well done DIY job I have seen, I have probably seen 10 times as many failures. That’s a pretty horrible ratio and the consequences for the individuals and their families can be damaging and expensive to fix – if they can be fixed.
Not setting up a Short Assured Tenancy properly can make it very difficult to recover the property from the tenant. Not serving Notices to Quit properly can have the same effect and cause significant wasted court costs. On top of that there is now a mass of legislation placing obligations on landlords, where if any obligations are not met, the consequences are potentially extremely serious. So letting a house in Scotland without understanding the legal framework surrounding residential letting in Scotland is risky to say the least.
On the wills side I have seen “self made “wills which vary from being completely invalid to ones which were wholly confused and contradictory. I have even seen a DIY will which did not actually leave the person’s property to anyone!
If legal documents are to have legal effect, experience of drafting such documents and of the meaning of legal terminology is really necessary to get things right.
I would never dream of rewiring my own house because I don’t have the skill and knowledge of an electrician (and anyway, it would now be illegal!). I think DIY in critical areas is simply dangerous and usually a false economy. In our field we generally earn higher fees sorting out an estate for example with a shambolic DIY will than we ever would from doing a correct will in the first place.
And one last point – all Scottish solicitors carry compulsory insurance against defective work. If a solicitor does make a mistake clients can be and are compensated for losses occurring. This is a massive protection for the Scottish public and really should make people think twice before perhaps dabbling in drafting legal documents which if wrongly completed could cost them or their family dear.
Ivor Klayman
Senior Partner
Caesar and Howie
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Thursday, June 10th, 2010
Scotland has a very generous legal aid system for pensioners. A pensioner can be on a state pension, have a modest private income, £26,664 of savings and still get legal aid for vital issues. For a pensioner couple the limit is £26,999. Issues of most interest to pensioners are writing a Will, appointing an Attorney to look after the pensioner‘s affairs should that person fall ill and become incapable of dealing with things. There is also an increasing demand amongst pensioners to prepare Advance Healthcare Directives (otherwise known as Living Wills) which state the person’s wishes regarding medical treatment in extreme situations. But legal advice is also available for many other matters covered by the Legal Advice and Assistance Scheme.
However, this year the Scottish Legal Aid Board have already intimated an increase in civil applications of 24%. This and the certainty of government cuts to come could mean that this generous benefit to pensioners could be under threat in the future.
David Borrowman, Managing Partner of Caesar and Howie, states “We believe probably over 80% of Scottish pensioners could have their affairs put in order either free or at a significantly subsidised cost using legal aid. Having these documents in place is massively helpful to families. Powers of Attorney in particular, can save families the stress of court actions should a family member become unable to look after themselves.”
It is possible however that legal aid will be less easy to get in the future. David continues “I understand the Scottish budget is protected for this year but will not be after that. I hope legal aid is ring fenced since it helps the more vulnerable in our society – but who knows what may be cut in the future. My advice to senior citizens is to act now – get these family care documents done whilst legal aid is available.”
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Thursday, January 21st, 2010
Caesar & Howie have been invited to join the Equity Release Solicitors Alliance (ERSA) which is a group of specialist legal firms involved in equity release. The aims of ERSA are to improve the knowledge and understanding of equity release within the market place and to provide impartial specialist legal advice to homeowners considering taking out Equity Release plans.
Equity Release Partner Carmen MacIver comments “we were delighted to receive the invitation to join ERSA – effectively that organisation provides a Kite Mark for quality of service in this particular area of work. That’s what we aim to do for our Equity Release clients – give a top quality fast service which is impartial and expert. To be the first firm in Scotland to be asked to join up is pretty special too”.
Like other ERSA members Caesar & Howie have invested significantly in building up the firm’s capability in Equity Release. “We have been working on our quality of service for nearly three years now ”states Managing Partner David Borrowman“ and this involves creating top quality computer systems which enable us to process work quickly – as well as ensuring staff are well trained and are kept up to date with all developments in Equity Release. This is a growth area and we are glad we have committed resources to it. But it is an enjoyable sector to work in also – releasing money from their house makes life very much happier for many clients and it is satisfying to be working for them in the Equity Release process”.
Tags: Equity Release
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Tuesday, November 24th, 2009
House sellers in the Central Region are now able to benefit from the creation of a new Solicitors Property Centre, designed specifically to help house sellers in the Central region.
Central Solicitors are banding together to create Central SPC – which will offer all the services locally which the traditional SPC’s offer. The website section of the new project has launched and already over four hundred properties are for sale on www.centralspc.co.uk. A property newspaper will follow in January – linked to the massively successful GSPC property paper.
An SPC is effectively a solicitors’ cooperative where pooled resources allow solicitors to offer enhanced marketing services for their clients’ properties.
“I’m very excited about the development” says Caesar and Howie Managing Partner David Borrowman. “ESPC and GSPC have been extremely successful in Edinburgh and Glasgow – and we think this new grouping can do the same out here. Solicitors pooling our resources and buying power means top quality schedules, very cheap newspaper advertising and massive internet coverage for sellers properties over no less than fifteen different property websites linked to our site. On top of that we have a fantastic out of hour’s telephone service for buyers and sellers alike – and that can only help clients selling houses. All property sales work from valuation, home report production, estate agency, through to the final conveyancing can be carried out by each of our members – so it is a genuine one stop service for clients buying or selling property”.
The new service has been launched under the guidance of GSPC – whose Chief Executive Bill Scouller said “we are delighted to be now helping solicitors in central with their new project. It is a great service now but the good news is we are working constantly to improve what solicitors can offer and I’ll soon be announcing yet more innovations for clients using Central SPC. I expect Central SPC to become the main selling force in its market area very quickly indeed – they have a great product which gives an edge to people wanting to sell their house”.
(more…)
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Friday, October 30th, 2009
Whitburn Miner’s Welfare was the latest stop off for the Caesar and Howie Senior Issues Roadshow. The Scottish Pensions Association hosted the annual meeting of their Whitburn branch and invited the Caesar and Howie team of Terry Ann O’Donnell and Lesley Cunningham to address the gathering.
Terry Ann’s presentation on “Family Care – The Three Legal Documents You Must Sign” was listened to attentively by an audience of between 60 and 70. As usual Terry Ann’s presentation on the legal issues, folk must deal with to care for their families properly, raised a lot of interest and stimulated lively debate – including what can happen to families if one of their number becomes incapacitated.
One lady from the floor explained how she hadn’t really thought much about getting a Power of Attorney done but she had taken a lawyers advice and done one as had her husband. “It turned out to be the best thing I ever did as unforeseen circumstances did hit the family and having a Power of Attorney in place was a godsend”
A question and answer session followed with lots of interesting points being discussed. Caesar and Howie partner Lesley Cunningham commented “I love these nights. Everyone is so interested in what we discuss and talk about being lively – these groups can wear you out! You need to be on the ball too – because many in the audience are very much on the ball – but that just adds to the fun of the evening.”
If you want Caesar and Howie to deliver this FREE seminar to your group, please contact Sandra Pimbley on 01506 815913.
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Thursday, June 18th, 2009
One law firm seems to be bucking the recession and property slump affecting the country. Caesar and Howie the Central Scotland Law Group is defying the cut backs affecting most law firms. The firm is continuing its growth plans by opening an office at 84 High Street Musselburgh. The office will offer estate agency and full legal services to the people of Musselburgh.
David Borrowman managing partner explains “We take the long view of everything we try to do. It is very easy to be affected by the advocates of doom and gloom, but we are not and we are completely confident about the future. At the moment only conveyancing and estate agency of the various services we provide are a bit slow. Every other part of our business is continuing to grow even in recession and we are certain that the property market will turn round soon as well. Even now – we are selling properties steadily for clients. Sales will be achieved if clients price their properties sensibly and are patient. In the last two years we have opened new offices in Dalkeith and Alloa and these have been very successful – Musselburgh just adds an extra outlet to offer more services to more clients”
Local manager Colin Weatherup shares the firm’s confidence. “I have worked in the property market in this area for some time now and I am delighted to be working with Caesar and Howie. The firm’s methods and thinking are spot on, and if I can provide some local knowledge I feel we have a really good new offering to the people of Musselburgh.”
The office opening hours are 9am until 5pm and there are some good opening “deals” available to new clients.
If you require any further information please contact David Borrowman, Managing Partner, 01506 815900.
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Wednesday, June 3rd, 2009
Caesar and Howie were guests in attendance at the Scottish Pensions Association held in Loanhead Miners Welfare on Tuesday 26th May.
Members of the Firm’s Senior Issues team Terry O’Donnell and Suzanne Borrowman manned an information stall at the event and discussed legal matters of interest with delegates direct. Managing partner David Borrowman made a keynote speech to the conference on the value of planning ahead to prepare for adverse life events. Mr Borrowman explained to conference delegates what legal steps individuals could and should take to maximise the care of their family members should adverse life events occur.
The well attended conference heard some stimulating debate on various issues affecting senior citizens The conference’s other guest speaker, Tommy Sheridan, lambasted politicians for not improving the financial position of pensioners – a stance which met wide approval from the floor of the conference.
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Friday, March 6th, 2009
Caesar and Howie managing partner David Borrowman is so concerned at the adverse effect of the new property sales law that he wrote to every MSP in the country. The new law, in force since 1st December means sellers must obtain a Home Report before marketing their house or face a swingeing £500 fine.
Mr Borrowman comments. “This legislation is badly thought out, provides no benefit I can see to anyone, and effectively acts like a great big tax on selling your house. For example on a flat worth around £105, 000 a seller could have to pay nearly £600 before even putting the property on the market then maybe another £180 or so to update the report when a sale is actually achieved – with much higher fees for higher value properties. To lump this extra cost on to sellers in a slow property market is simply daft in my view. ”
Mr Borrowman’s letter sparked some press, radio and TV interest, with BBC staff descending on Caesar and Howie’s offices to obtain an interview for the Scotland Today news programme.
“I’ve seen the comments the Minister for Housing and Communities made in response to my letter but I’m afraid I am totally unimpressed. Sellers hate these reports, hate having to pay for them and worse than all of that I don’t think purchasers are going to trust them either. We have done a deal with a large surveying firm to ensure that Home Reports obtained through Caesar and Howie are probably the cheapest on the market but still I think this is all an unnecessary expense.
I don’t see why Home Reports could not be voluntary – if a seller wanted to get one that’s fine, but to force them to get one at a cost of hundreds of pounds with a further fine of £500 if you don’t get one is quite ridiculous in my view. But the Minister for Housing and Communities minister doesn’t agree – he thinks it is good that sellers have to pay all this money and right for them to be fined if they can’t or won’t pay for a report. I sometimes wonder if the Scottish Government cares much about ordinary Scottish folk”
Tags: Home Reports, housing market, Sottish buyers
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Monday, January 19th, 2009
Caesar and Howie have recently been on the winning side in a case dealing with the right of unmarried Cohabitants under the Section 29 of the Family Law (Scotland) Act 2006. This act gives cohabitants the right to apply for payments out of the deceased’s estate. In this case Caesar and Howie successfully represented a family member entitled to inherit the estate against the claim of a person who had lived with the deceased for just over two years. That claim was rejected by the Sheriff. Martin Monaghan family law partner at Caesar and Howie commented “I think this is a good common sense result and it shows the Act does not give cohabitants who live a relatively short time with someone excessive rights to their estate. My client and I were very pleased with this result”.
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Friday, September 19th, 2008
The Caesar and Howie Group, who have offices throughout the central belt, achieved huge prominence at the Scottish Legal Awards held in Glasgow on 18th September. Nominated in no less than four categories the firm lifted the prestigious “Conveyancing Firm of the Year” award, fighting off competition from bigger city centre firms.
Not content with one award the firm then went on to win the “Up and Coming Firm of the Year” trophy, sparking off a night of celebration for the partners and staff attending the glittering awards evening.
Senior partner Ivor Klayman commented “I am delighted to have won these awards. We have a great group of people in Caesar and Howie and we work extremely hard to ensure we give the best possible service to clients and also to ensure that we are as modern and forward thinking as we can be. It’s nice to receive recognition from our peers for that.”
Tags: Scottish Legal Awards
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