Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


The chronology

Not just the judge, but each party, is helped by a chronology of key dates. This might be the date of meeting, cohabitation, marriage, separation, signing the Petition, purchase of the matrimonial home and the birth of the children, and any other key dates such as receiving a redundancy pay out or obtaining UK right to remain or citizenship. This can be updated, as the case progresses. A more detailed chronology should also be kept by the litigant “spouse” (not for the judge at this stage), and updated as things progress. If something happens (violence, a threat “You can’t make

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GDC query

Here is an example of a typical enquiry we get, with obviously all detail removed to reserve strict confidentiality. I am still not quite sure as to why I am in need of solicitors at the moment, as far as I know the GDC states that the process would be straightforward and in two steps; first proving I am of an exempt persons status, which I am sure I can prove easily. Second step would be the assesment itself and I thought it is a matter of being qualified or not. I am not sure if I can make my

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Child Tax Credits

Here is an example of a typical enquiry we get, with obviously all details removed to reserve strict confidentiality.   Hello Hylton-Potts, I’ve received 2 ‘notices to pay’ from HMRC. These relate to overpayments of Child Tax Credit Originally, I incorrectly stated on an application form for, what I read as ‘working tax credit’ that I lived alone, when in fact I was living with my partner.   As I was filling out a form for ‘working tax credit’ I didn’t include her in the application as I honestly thought it would simply be wasting time i.e. because she hadn’t

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Family Law Act Orders

An excellent article in the Law Society Gazette of 2 March 2015 (www.lawgazette.co.uk) called HANDLING FAMILY LAW ACT ORDERS is helpful if you are seeking to obtain a Court Order without notice (ex parte) under the Family Law Act. These orders can exclude somebody from the property, deal with violence and are important because they are enforced by the Police, and can help with children issues. Procedural errors can be fatal. Obtaining an order without notice to the other side under English law is draconian and therefore the correct tactic is to apply for the minimum reasonable order in those

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Sink or Swim: The Study Between Study and Practice

An excellent article in the Solicitors Journal 2 December 2014 (www.solicitorsjournal.com) is well worth a read.   It focuses on the difference between actually qualifying as a lawyer and learning the law, and when a client comes to a lawyer, and what the client expects and wants.   The client does not come to the lawyer for law.  He comes for advice and a solution to his problem.   Suppose, for example, a client wants to know if he has a good case to take to a civil court.  Knowing the law the lawyer will be able to say yes,

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Stalking

Stalking whether in person, by text, email, social media or through third parties, can be a distressing, traumatic experience. The Police may give some support, but there is no substitute for a robust experienced lawyer on your side. We could obtain Restraining Orders and Non-Molestation Orders in record time at fixed fees. Rodney did not get his nick-name “Rottweiler” by being touchy-feely. Contact us on 020 7381 8111 or email us here on [email protected]. We would be interested in your comments, please leave them by clicking on the title to this blog above.


London and Gloucestershre Family Drug and Alcohol Court

An article in the Solicitors Journal 3 March 2015 entitled “Helping parents make a change for the better” by District Judge Julie Exton is well worth a read. (www.solicitorsjournal.com) The Drug and Alcohol Court firstly in London, and now in Gloucestershire, has dedicated social workers, nurses, health visitors, psychiatrists and psychologists on hand in addition to the legal professionals. The health professionals make a recommendation as to whether the case should come before the Family Drug and Alcohol Court (FDAC) and the Judge decides. If there is not real progress within 26 weeks the Judges wrap up the experiment/attempt. The

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Tax Credits

Here is an example of a typical enquiry we get, with obviously all detail removed to reserve strict confidentiality. Basically I have been accused of obtaining working tax and child tax credits while living with an undeclared partner. I was asked why my utility bills at my address of XXXX are still in my former partners name , I then asked if this was illegal as I was the person that paid them I just never bothered changing them to my name when we separated . My ex partner John resides at my parents address of XXX and has done

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Binding Family Law Arbitration and Upholding Matrimonial Agreements

Instead of battling in Court, warring spouses have the option of arbitrating with the Institute of Family Law Arbitrators (IFLA) and Rodney Hylton-Potts can conduct such an arbitration for you throughout, avoiding the higher costs and formality of instructing a barrister. Also parties reach agreements through negotiation. Mediation, collaborative law lawyer negotiations or direct negotiations. All such proposed Court Orders, founded agreements reach, have to be coupled with a statement of information dealing with basic assets and liabilities of the parties on a Court form called D81.  This is a snapshot of assets and liabilities income future plans, very much

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Divorce

Here is an example of a typical enquiry we get, with obviously all detail removed to reserve strict confidentiality. My husband is now saying he will hand over this mortgaged property to me and that will be my final settlement. No on going money for the rest of my life. My question is how much would you charge me for some advice? At the moment he’s taken some advice himself and what’s to get this over with as quickly as possible. Me having complete ownership of this place is good but I need money to live as I do not

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