Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Bitcoin and Blue Pencil Rule

  Bitcoin An excellent article in the Solicitors Journal on 25 November 2014 (www.solicitorjournal.com) called “Getting your head around Bitcoin” is well worth a read. Bitcoin allows money to be sent as data/information with no third party involvement. It is therefore different from Paypal or e money.  There is no authority, or third-party between the sender and recipient. There are obviously huge regulatory and other concerns, but the concept is massive and growing. Bitcoin can be used as a currency or for savings. Any small or medium sized business must get to grips with Bitcoin urgently.  This is particularly in

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Intestacy and Sharia wills

Intestacy (which means you die without making a will) Where the deceased leaves no children, the residuary estate will pass to the deceased’s spouse/civil partner absolutely. Where there are children, the surviving spouse or civil partner will take half of the residue absolutely instead of, as previously, taking a life interest in half. The definition of personal chattels is amended to cover all tangible moveable property except for : • property which consists of money or security for money, or • property that, at the death of the intestate, was used solely or mainly for business purposes or was held

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Equality for mums and dads alike and employing staff at home

Equality for mums and dads alike This article in the FT 28 November 2014 (www.ft.com) is well worth a look. The right to request flexible working, formerly reserved for parents and carers, has been extended to all employees. There are eight reasons the employer can give for rejecting a flexible working. Employers need to think about the new regime and whether they will pay shared parental pay in line with their current maternity pay policy. If you have unemployment expert legal advice is essential as an early stage.   Employing staff at home. Have a look at the Financial Times

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Never Too late to get help

If you have a benefit fraud problem or court summons, take expert legal advice early. Nevertheless it is never too late, as the success story in the link below will take you http://m.northamptonchron.co.uk/news/crime/mum-from-northamptonshire-who-falsely-claimed-90-000-worth-of-benefits-avoids-jail-1-6394937


Business at Christmas – employing staff and electronic signatures

Taking the seasonal strain This article in the FT 28 November 2014 www.ft.com is well worth a look. Zero hour contracts are a hot political potato, but within the firmament they are still established and legal way of proceeding to employ There is flexibility for both sides and they can cover seasonal peaks just like Christmas Overtime does not need to be paid at an enhanced rate. An alternative approach is a fixed-term contract where you can contract with staff for a set time. All workers, however, are entitled to statutory holiday pay although zero hours employees have fewer rights.

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Glossary of terms

    Adjourn -a pause in court proceedings, or to put off the Hearing of a case to a later time or date. Admissible -describes what evidence, that is live verbal testimony and documents may be given or referred to in court proceedings. Affirmation – if you have no religious belief you wish to be asked before you give evidence to promise to tell the truth. Allegation –an assertion or statement that someone has done something that has not yet been proven, which must be, as part of the proceedings. Appeal -the process of asking a higher court to reconsider your

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Cohabitation – couples with and without children

Cohabitation   This is where people are not married or civil partners.  There is no such thing as ‘A common law wife’.  Such a person does not exist in law. Sorry to smash another legal myth.   Sometimes a former partner (cohabitee) may have a claim to a share of property (and also a claim can be made via a child).   If the property is owned jointly then one can apply for a sale or other Court Orders e.g. buying the other person out.   If the property is not in your name at all it is hard to

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Establishing unreasonable behaviour – is an enquiry agent or private detective necessary ?

Should you bring in an enquiry agent or private detective? Forget about proving adultery. (Getting a divorce on that ground is a mistake and the judge is not interested, even though it might make you feel better). You can, however, use an enquiry agent to investigate your spouse’s lifestyle, such hidden money or cash receipts The financial process starts with Form A, and the judge lays down a strict timetable ordering each party to give full disclosure and information to the other. This has to be full and truthful i.e. full disclosure holding nothing back. Supposing for example there was

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LONDON JUDGES TO RULE ON CLAIM AGAINST MILLIONAIRE FORMER NEW AGE TRAVELLER 22 YEARS AFTER DIVORCE

If you got divorced but did not get a financial settlement or court order dismissing your ex’s claims, an excellent article in the Financial Times 8th December 2014 page 4 is well worth a read (www.ft.com). 23 years after a divorce, impoverished couple separated, and following a most unlikely set of events, the husband became a millionaire following the success of a green energy business. When the couple got divorced there was nothing to argue about or divide up so nobody bothered to get a court order dismissing the wife’s claims. 22 years later the wife has made a claim

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Public Carriage Office

If you have a problem with the Public Carriage Office in relation to the revocation of renewal of your license, a look at the following link should help http://www.legislation.gov.uk/ukpga/1998/34/contents Expert legal advice should be taken at an early stage. We would be interested in your comments, please leave them by clicking on the title to this blog above.