Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Andrew Mountbatten-Windsor and Congress

We know that Andrew has taken legal advice from a Woking solicitor. We do not know whether his office is near the famous Pizza Hut. We can be certain the advice is not visit America or give sworn testimony before Congress, which could result in a perjury charge. Like any defendant, whatever you think of him, Andrew is entitled to legal advice and would be unwise to ignore it. It is therefore a disgrace that the Prime Minister attempts to breach his rights. Whatever you think of Andrew, by putting him under huge public scrutiny also no doubt in future

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Lord Peter Mandelson and Misconduct in Public Office.

Robert Jenrick recently having switched from Conservative to Reform said in the House of Commons “We are told this man leaked confidential information to a convicted sex offender when he was a cabinet minister and took tens of thousands of pounds in secret bank handers”. He continued “Mandelson has clearly broken the law and now stands accused of serious misconduct in public office and should be tried for his offences”. No allegations. No suspicions. No ‘The police are opening an enquiry’ , no presumption of innocence. Misconduct in public office is a common law crime and it is so hard

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The Property (Digital Assets etc) Act 2025

This new law recognises that crypto tokens and non-fungible tokens are capable of being regarded as property. This creates a regulatory framework governed by the FCA for overseas and British customers. More thought needs to be given to the different types of crypto assets instead of lumping them altogether. The new regime will not prevent you from losing your money and many still consider them to be a Ponzi scheme. Caution. Let the buyer beware. Rodney Hylton-Potts February 2026


Solicitors’ client account

Solicitors hold often substantial sums in their client account, from transactions especially property. A client will pay them a deposit which they will pass on, on exchange of contracts perhaps some weeks later. The same on completion. Also the client will pay an amount of costs for a retainer, which is not disbursed immediately e.g. on barristers’ fees. This forms a very large amount of solicitors’ income and I have known some conveyancing solicitors who earn more from the interest, than fees. The government now wants to tax the solicitor on the money. This is intellectually dishonest. The money belongs

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Not proven

The centuries old Scottish jury verdict of ‘not proven’ has just been abolished. From now on an accused can only be convicted in Scotland if at least 10 members of a 15 person jury agree on a guilty verdict, rather than eight at present. The Scottish criminal courts can either rule guilty or not guilty but not “not proven”. In Scotland now some limited research into how juries reach their verdicts will be allowed but not elsewhere in the UK. Until 1967 jury verdicts in England and Wales had to be unanimous but then majority verdicts were introduced. January 2026

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A festive story

A great friend of Winston Churchill’s was F E Smith, later Lord Birkenhead. He was so self-important that after taking silk, that is becoming a King’s counsel, he never again flushed the chambers’ lavatory. He had his clerk do it for him. You couldn’t make it up. Happy New Year. December 2025


Family Cases and Legal Aid

We think of barristers as fat cats, in beautiful suits with polished shoes, who swan in and out of court and then go off to fashionable wine bars, whether they have won the case or lost it. The reality for Legal Aid barristers, especially on family cases, is quite different. Some work 70 hours a week and one calculated she was earning £7 per hour, below the minimum wage. Court conditions have deteriorated with dispensing machines that do not work, lack of drinking water, heating or wheelchair access. The result is a huge number of litigants in person who, unless

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European Court of Human Rights and the Labour Government

To the surprise of many, David Lammy has aligned himself with other European countries keen to turn Human Rights Legislation on its head. He has joined other European countries in trying to have the protocol and law changed to stop the deportation of illegal immigrants. It is all posturing, because unless all European countries agree, nothing is going to happen. They know all this but do not tell you because they lie regularly. If a businessman lied as our politicians do, they would be charged with fraud. December 2025 Rodney Hylton-Potts


Abolition of jury trials for other than serious cases

An alleged murderer or rapist will have the right embedded in our constitution to have his or her case heard by 12 ordinary members of the public his peers who can decide his future. Juries take their duties seriously. They are not as people think 12 ordinary people coming in from the rain looking for a few quid. It is the bedrock of liberty and a safeguard. Statistically judges and magistrates have a much higher conviction rate and there have been huge miscarriages of justice. Suppose you are an accountant an upstanding member of the community. You have a family

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Magistrate’s bad Behaviour

A Magistrate has been issued with formal advice for misconduct by the Lord Chancellor. She went for desk-banging, audible sighing and swearing, use of inappropriate language and prolonged eye contact with a directed party. Witnesses interpreted her behaviour as frustration but worse, partiality and bias. Her name was Amy Delicate. November 2025 Rodney-Hylton Potts