Work and Pensions Secretary, Damian Green, held a welfare review earlier this month, to look more closely at how people qualify for sick pay, the use of doctors’ notes, and the controversial ‘work capability assessments’. These assessments aim to determine whether disabled people are eligible for welfare, but Green has claimed that working is better for people’s health than “sitting at home living on benefits”. It is the secretary’s aim to encourage people back into the world of employment, as he claims this will improve their health, as well as reduce the annual figure the government spends on benefits. While…
At Hylton Potts, we know how much our clients and the general public rely on us to bring them the latest news when it comes to our specialist legal fields. Recently, Jeremy Hunt has commented on how the NHS is too reliant on the high number of EU doctors and other medical professionals currently in the employ of the British healthcare system, and we feel it is our duty to tell you the facts on this story. Hunt has suggested, in a statement to the media, how the post-Brexit NHS should aim to slash the number of foreign doctors currently…
In recent years, the number of people trying to make some quick cash by subletting their property has increased. Direct Line for Business’s recent research showed that one in six tenants have rented out part or all of their property to someone who isn’t on the lease. Shockingly, out of those who did sub-let their property, 25% failed to first check the terms of their lease beforehand, while more than a third didn’t tell their landlords. On one hand, subletting your property can be a brilliant way of easing your financial burdens, helping you to continue living in a property…
There are many people out there who wish to sublet their council or privately rented property. While in a lot of these cases it can be perfectly legal and above board, we hear all too often from our clients about those who went about it in entirely the wrong way. According to a study conducted by Direct Line, they estimated that in 2014, 3.3 million people lived as unofficial tenants, which is as many as 1 in every 10 rental homes. This kind of illegal activity is growing in force every day, but what’s surprising is how many are unknowingly…
Entering into informal property transactions without the benefit of legal advice is a recipe for disaster, as a young man found out when his relationship with his girlfriend ended acrimoniously and she insisted that he had no interest in the house that they had shared. The man had agreed to the property being held in his girlfriend’s sole name because he had a poor credit history and was concerned that he would be rejected by the mortgage provider. After they split up, he applied to the Land Registry to register his beneficial interest in the property, but that was resisted…
With new guidance having been issued regarding the interpretation of ‘need’ for the purpose of financial settlements on divorce, a recent case shows how the courts have been moving away from a rigid adherence to the principle of ‘equality’ in the division of assets. It involved a wealthy couple who had in excess of £10 million in assets when they commenced divorce proceedings 14 years after they married. The ex-husband argued that his former wife’s claim for a half share of the assets was not appropriate because he already owned their main asset – a care home business – when…
A recent decision of the High Court will come as a comfort to those whose ex-spouses have fallen into arrears with their child maintenance payments. It involved a man who was behind with child maintenance payments payable to the Child Support Agency when he died. He had also agreed to maintain a life assurance policy which would provide for his ex-wife and child in the event of his death. Without telling his ex-wife, he stopped making payments so it lapsed. Had she known, she could have paid the premiums herself. His estate was insolvent if the maintenance liabilities were recognised…
Obedience to court orders is not voluntary and judges possess a battery of powers to enforce compliance. In one case, a divorcee who barricaded himself into his former matrimonial home in order to prevent its enforced sale was given ten days to move out – or go to prison. The sale of the £500,000 farmhouse had been ordered so that the proceeds could be divided between husband and wife as part of their £6 million divorce. However, over a prolonged period, the husband had refused to leave. He was said to have surrounded the property with barbed wire and to…
Many people dream of leaving their job and setting up their own business – but it is vital to remember your former employer’s rights when doing so. In a recent case, an IT salesman who misused confidential information to give his new venture a head start was financially ruined by a High Court ruling (Decorus Limited v Penfold and Another). Daniel Penfold commenced employment with Decorus Limited as a sales account manager in April 2012 and left on 8 February 2016 to set up his own business. Prior to resigning from his post, he viewed client lists and sensitive pricing…
If you’ve been following the papers recently, you’ll know that a particularly controversial article by the Daily Mail was published towards the end of last month. In what was referred to as a “shock admission”, the Head of the General Medical Council (GMC) claimed that due to a loophole in EU law, British patients are at risk from thousands of EU doctors. We at Hylton-Potts are passionate about helping competent medical professionals gain employment within the British healthcare system, so when we came across this story, along with the inspiring retort from one NHS surgeon, we felt it our duty…
