Am just need a help of what can you do about houssing benefit fraus comit by my self as having £179000 into my account which belongs to my brother. but thec council deny that and now they want to prosecute me to cown court. is there any way by stopping them to go to court. many thanks This is a very typical enquiry which lawyers get. There was certainly a way of stopping this. Even after the decision is made to prosecute the prosecution has the power to instead accept an administrative civil penalty, but the important thing is to…
The European Payment Order (EPO) is dealt with in an excellent article by Paul Stanley QC in the Solicitors’ Journal 23 September (www.solicitorsjournal.com) and is well worth a read. EPO offers a simple and inexpensive way of directly enforcing a judgment obtained in a different European jurisdiction. Even generally often one can serve court documents by ordinary post, but choosing a method where a receipt is required, can have significant advantages down the line and time again has been shown to be worth extra trouble. Personal address is no longer effective if the defendant has actually moved,…
The Mail Online 23 September article by Damien Gayle is compulsory reading for anybody going through a divorce (http://www.dailymail.co.uk/news/article-2765989/Divorcing-wives-away-new-romances-battling-husbands-cash-says-family-court-judge.html) The most senior family judge Mr Justice Mostyn said in a ruling in a divorce case that the start of any relationship can be a “Significant fly in the ointment” to judges in the Family Court deciding how much money ex-wives should be awarded. Experienced divorce lawyers have greeted the ruling with amazement. It may make it more difficult for a judge to assess an ex-wife’s settlement, but that is what the judge is for. To ask that parties…
The Mail Online 23 September article by Damien Gayle is compulsory reading for anybody going through a divorce (http://www.dailymail.co.uk/news/article-2765989/Divorcing-wives-away-new-romances-battling-husbands-cash-says-family-court-judge.html) The most senior family judge Mr Justice Mostyn said in a ruling in a divorce case that the start of any relationship can be a “Significant fly in the ointment” to judges in the Family Court deciding how much money ex-wives should be awarded. Experienced divorce lawyers have greeted the ruling with amazement. It may make it more difficult for a judge to assess an ex-wife’s settlement, but that is what the judge is for. To ask that parties…
You may have read both in the Times and also the Law Society Gazette (8 September 2014 www.lawgazette.co.uk) of a Judge laying into an advocate solicitor who wore ribbons and medals on his gown during a trial. The Judge said “If ever you appear before this Court dressed as you are I shall exercise my right to decline to hear you”. Keep an eye on this story. This solicitor sounds like quite a character, and I hope that he will turn up before the same Judge in the same Court dressed in exactly the same way. I then…
Read this article in the Financial times weekend section 5 September 2014 www.ft.com Adam Palin writes about the letters from HMRC to the public in August, about the high income Child Benefit charge. The whole situation is confusing and something of a shambles. This is nothing new. HMRC often fire out very distressing letters about overpayments, and threatening all sorts of action and the taxpayer cannot respond. Literally it is often impossible to get a reply to a letter for months or at all, or a phone call and there is a plethora of confusion as to where…
Have a look at article by Jonathan Moules in the September 13/14 2014 Financial Times money section on the rights of interns. (ft.com) The article is well worth reading and reminds you how careful you have to be, and that legal advice should be taken at an early stage when setting up a new business. If an intern carries out work rather than just is taken on for work experience, they are likely to have worker status with PAYE obligations, minimum wage, statutory sick pay, after two years and sometimes less, if there is sexual and racial or religious…
An excellent article in the Financial Times money section September 13/14, 2014 by Adam Palin (ft.com) highlights a common problem, and the article is well worth reading. Just because the ownership of a property changes hands, the tenant cannot be made to accept further burdens without a new agreement. Indeed sometimes if a new owner/landlord insists on this, the tenant can turn it to his advantage by getting out, if the change is serious enough to be called a “repudiatory breach”. Expert advice at an early stage is essential. We would be interested in your comments,…
District Judge Peter Glover, who sits in Dartford, has written an excellent review of the impact of breath test devices on contact in family cases – Law Society Gazette 8 September 2014 (www.lawgazette.co.uk). There is nothing wrong with a parent drinking, and that will not stop him or her seeing the child, but if he is unable to care adequately because of alcohol problems contact is likely to be denied. This problem is not just restricted to fathers. Experience shows that many mothers suffer from alcohol and drug abuse. One tool in the armoury is to seek a direction that…
In an excellent article in the Solicitors Journal (www.solicitorsjournal.com) District Judge Robert Jordan highlights the increased risk of court disruption especially in the family court. The article cannot be improved on when it comes to describing the consequences of misbehaviour which can include being taken into custody, a fine or imprisonment so I will focus on avoiding such a disaster. Especially in the family court huge emotion is involved and sometimes as a deliberate tactic one side will attempt to provoke the other into violent shouting, losing temper, etc. which can easily be directed at the judge, in…
