A new proposed law would disqualify benefit claimants who have not repaid what they wrongly stole. This is just political posturing. How can taking someone’s driving licence help them get into work, so they can repay their debts? I cannot see the legislation in any event surviving a human rights challenge while we remain subject to the ridiculous European ECHR yoke. The solution is to use the Proceeds of Crime powers to make them pay back and have prison as a deterrent if they do not. Only prison works. February 2025 Rodney Hylton-Potts
The Divorce Dissolution and Separation Act brought in the concept of “no fault” divorces. Couples no longer apportion blame for the breakdown. The area of conflict remaining relates to money and children. It is 10 years since the Law Commission recommended that pre and post nuptial agreements should be binding, but they are still only persuasive on divorce judges. The family justice system is close to breaking point with appalling delays and inadequately retained staff, many of whom are not up to the job and sometimes do not even speak sufficiently good English. With the other problems facing the country…
The Court of Appeal has ruled that decisions on cross sex hormone treatment and gender changes can be reviewed by a judge. A 16-year-old wanted to make a decision about the future and the parents disagreed. The father was supportive and the mother (they were divorced) opposed. The issue arose whether a judge could get involved and the answer was a resounding Yes from the most senior civil law judge in the country, Sir Geoffrey Vos, the Master of the Rolls. The legal proceedings pitted the mother against the father, who supported the child’s attempts to have treatment for gender…
Although same-sex marriage has increased, for many, marriage is being replaced by couples choosing to live together as. Although cohabitation is the fastest growing family type in the UK, there is little to no financial protection for cohabitees should the couple break up, or one party die without leaving a Will. This is the case regardless of length of time living together, or if the couple have children (though there are some financial claims that can be brought for the benefit of children). The fall in marriage rates has renewed calls for cohabitation reform. I hope that in the not-too-distant…
A “bereft” mother is fighting the wishes of her daughter and her ex-husband, to allow their 16 year old to take masculinsing hormones. Keep an eye on the Court of Appeal case called Re O and Q. The divorced parents disagree on whether their child should take cross-sex hormone treatment. Interestingly the law on puberty blockers, does not apply to cross-sex hormone treatment. The mother says “My job as a mother is to protect my child but I am told by social workers and doctors that I cannot”. Should the mother’s view prevail over the father’s ? Rodney Hylton-Potts
Even with Labour’s increases in deportations, the UK’s legal framework remains a significant barrier to removing illegal migrants. The Human Rights Act, in particular, acts as a lifeline for those who fail their asylum claims. Appeals drag on for months, sometimes years, as migrants cite Article 8 (the right to private and family life) or Article 3 (protection from inhumane treatment) to block deportation. Time and again, these legal challenges succeed, creating a merry-go-round that prevents meaningful enforcement of immigration rules. Labour, despite its rhetoric, has shown no inclination to repeal the Human Rights Act, a cornerstone of the system…
New workplace anti-harassment rules have just come into force. There is now a duty on employers to take reasonable steps to prevent sexual pestering of their employees. Failure to do so can lead to unlimited compensation. This covers inappropriate comments, exclusion from meetings or just admiring and paying a compliment, if the employee objects. And certainly no casual touching. It is typical of the woke nonsense, which will go some way to killing off Christmas parties. In a survey, 87% of workers said that they would rather have a bonus than a party, so forget the mistletoe! Good memories though.…
Thousands of people including children are being investigated by police for incidents, which are not even crimes. Nine year olds having playground arguments, e.g. to another pupil “you smell like fish” are all being logged on a computer. It is incredible and a disgrace, that police time should be wasted in this way and we have not heard a peep from the Police Commissioners, who are supposed to hold them to account. This at a time when shoplifting is rife, yet when the shopkeeper phones the police or a householder who scares away an intruder, they do not even show…
I was dismayed to learn that Captain Tom’s Foundation is not going to take legal action to recover the money that should be going to good causes, due to the high legal costs. I have therefore offered my services, as one of the most experienced litigation lawyers in the country, pro bono. Is there a barrister who would join the team on the same basis please? If so, please get in touch. Rodney Hylton-Potts
The Bar Standards Board which regulates barristers, proposes to impose a positive duty to “act in a way that advances equality, diversity and inclusion”. It sounds innocuous but it is a step too far. Professionals already require barristers not to “discriminate unlawfully against any person”. A professional person should not need guidance like this. Solicitors will remember the infamous “green card” in the 1990s issued by the Law Society to warn solicitors about the dangers of mortgage fraud. As Sir David Napley said at the time “A solicitor does not need a “green card” or any other colour card, to…
