Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Direct approach to divorce

Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Further to our conversation yesterday. I have to say on first impressions I found your directness very refreshing. As I am looking for someone who can achieve what I want and justified in getting. I believe  I have been fair and not dragged all the dirt into the open. But now! I need to fight back and thats were you come into the picture.   Basically I have asked for an equal share of all our assets. However she has asked

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Overpayments Appeal

Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Just spoken to a friend and I am emailing you following her advice. I need some professional advice as I have been summoned to a tribunal next Friday at 2pm. this is in regards to a benefits overpayment appeal. I attended an interview under caution in 2007 with my local authority.  This has led to many years of otter to and from myself and the DWP and council overpayment department. They are disputing payments made between 2001-2007, which does amount to

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Supreme Court Shock Ruling May Leave Millions Vulnerable to Litigation

Last month five Supreme Court judges handed down a decision so shocking that it could even be regarded as terrifying. Divorce is never easy, but most people would think that once the unhappy former couple have gone their separate ways, with the assets divided fairly between them, and they have begun rebuilding their lives, that the matter is finished. Not so, according to this new ruling! About the case The case in this scenario involves alternative energy pioneer, Dale Vince, and his ex-wife Kathleen Wyatt, who sued him for financial support 23 years after the couple divorced. As if that

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Replacing a Judge

During a hearing you will find that a Judge often gives an indication of how he sees the outcome, even before all the evidence has been heard and documents read. This can be a body blow, as it creates the impression of bias, and it can be disheartening and distressing If this happens you should politely draw it to the attention of the Judge.  Assure him that you do not think for a moment that he is biased, but that he has given that impression and justice must be not only done but seen to be done. You can ask

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Tax Credit Changes

Changes that affect your tax credits Your tax credits can go up, down or stop if there are changes in your family or work life – you must report these changes to the Tax Credit Office. Why your tax credits change Your payments can go up because: your income goes down by more than £2,500 your benefits stop or go down you have a child your childcare costs go up Your payments can go down or stop because: your income goes up by more than £5,000 you haven’t renewedyour claim your award notice shows you’ve been overpaid your child is now

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Benefit Fraud Prosecution

Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality.   Dear X, We have received your two references in the post today, thanks.   We are currently drafting a letter to your Doctor asking for a medical report and working on your statement, we will be in touch in due course.   Dear HPLC See attached the letter I got from City Council again preparing for legal actions against me. Please can you help to contact them. What can I do ?   From HPLC Thank you for a copy

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Legal Aid Changes – A Step Too Far For Some?

Whether appearing as the defendant or the plaintiff, having your day in court can be a nerve-wracking prospect. Having to endure this ordeal without the services of a lawyer to assist you is somewhat akin to heading out to sea without an experienced captain and crew to guide you safely to your destination. Yet, as a result of government cuts to the legal aid system, this terrifying situation is exactly where many financially disadvantaged people can find themselves. The irony of these cuts is especially highlighted in negligence cases, where people face the prospect of being sent to prison. Unfortunately,

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Housing Benefit

Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Got these letters today think they think my partner was working all the time from the beginning, he wasn’t. When we filled in forms from March this year saying partner was working they still gave us Housing Benefit now they turned round saying we wasn’t even though they calculated saying we was.  What should I do ? Thank you. Hylton- Potts can help with problems like this. We operate from London offices but help clients all over the country at highly

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“Fundamental Dishonesty”

A new law came into force in February 2015 namely Section 57 of the Criminal Justice and Courts Act 2015.   This states that if an otherwise successful claimant is found, on the balance of probabilities to have been “fundamentally dishonest” in relation to their claim, the claim must be dismissed unless the Judge thinks there will be substantial injustice.   If found guilty of “fundamental dishonesty” a claimant cannot recover damages, and will lose protection on costs, for example that granted by a Part 36 offer.   In one case in 2012, the claimant put in for over £800,000

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Tax Credit Overpayment Query

Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality. Dear Sir,   I believe you can help with us being accused of  tax credits overpayment, in 2007 we were told we have an overpayment of £1,525. we contacted them and appealed because I phoned them and told them when my child left collage, and I phoned them when I had my annual rise at work as I have always told them about any change as soon as it happens.   Then we had a £600 approx cheque from them, and

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