Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Tulisa

A collapse of her drugs trial of a possible prosecution of the Fake Sheikh thetimes.co.uk raises questions of entrapment. In the USA this case would never have been prosecuted. On any basis it is clear that Tulisa was asked to be “bad girl” and boasted about how “cool” and “street-wise” she was. This was to promote her career not because she meant. Even if the Fake Sheikh was an unnecessary ordeal for her to go through, there may come a time when such acquitted defendants start bringing personal claims against the prosecutors for Malicious Prosecution or Abuse of Public Office.

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Recovering Economy and Divorce

Couples who have stayed together because of negative equity or struggling financially, can now see some daylight.  As prices rise there is often enough for at least one if not both parties to buy somewhere reasonable to spend the time with the children. If there is only one property then a “Mesher” Order often solves the housing problem. This is when the mother stays in the house with the children, and the father has a sort of pension when the children cease full time tertiary education, by means of a charge on the property, often one third. Whatever the circumstances

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Deadlock Forces Sale When Family Inherits Business

When a family business is handed down and ownership is split between two or more members of the next generation, the result can all too often be discord. Normally, this can be resolved by one party buying out the other, but when this does not occur, the result can be a disaster, as a recent case shows. It involved a family company owned by a man who died in 2001, leaving a controlling interest in the company to his children by way of a trust. Gradually, one of the children took over running the business and brought in her husband

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Benefit Fraud Interviews Under Caution

The Benefit/ Tax Credit Offices and Local Authorities are on the lookout for people claiming benefits to which they are not entitled, either deliberately or by accident. If they think you have committed a crime, they write stating that you have to attend an interview usually under caution. The letter is often signed by somebody who may not sound like a fraud investigator but is. “Benefits Enquiry Officer” or “ Audit Officer” but does not tell the whole story. Often the letter says that the interview is under the Police & Civil Evidence Act, and tape recorded and that you

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‘Plainly Wrong’ Divorce Settlement Overturned

When the Family Court ordered a banker who had divorced his wife to pay her a quarter of his future bonuses for the rest of his life, his dissatisfaction led to an appeal against the decision. The original ruling was that the former matrimonial home was to be sold and the ex-wife was to receive £403,561 from the proceeds plus 50 per cent of any excess in the event that the property sold for more than £670,000 gross. In addition, the ex-wife was to receive 81.3 per cent of her ex-husband’s pension, periodical payments on a joint lives basis at

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'Plainly Wrong' Divorce Settlement Overturned

When the Family Court ordered a banker who had divorced his wife to pay her a quarter of his future bonuses for the rest of his life, his dissatisfaction led to an appeal against the decision. The original ruling was that the former matrimonial home was to be sold and the ex-wife was to receive £403,561 from the proceeds plus 50 per cent of any excess in the event that the property sold for more than £670,000 gross. In addition, the ex-wife was to receive 81.3 per cent of her ex-husband’s pension, periodical payments on a joint lives basis at

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Sleepovers with Daddy

Some so called children experts are against children under 4, staying overnight with absent fathers, following a divorce or split. This remark is thoroughly bad for children, unlawful and frankly a disgrace. A father reading a bedtime story is a crucial enjoyable part of bringing up a child, from which they thoroughly benefit. To insist that the father has to take the child back to Mummy and not stay overnight is typical of the liberal rubbish by people, who should remain silent, and leave it to the commonsense of parents and Judges. If you have a family or children problem

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Buying Your Way Out Of Trouble

The Daily Mail 10 July tells us that a Dubai businessman escaped an immediate jail sentence by paying £4,700 to the bar staff he beat up. What is extraordinary is that he was not required both to go to prison and to pay compensation.  He clearly has bought his way out of trouble, which is fine for him but hardly sends the right message or acts as a deterrent. In any event there is nothing to stop the bar staff also bringing a civil action for damages claiming under the government’s Criminal Injuries Compensation scheme on top of the money they

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French Air Traffic Control

Misery, and thousands of ruined holidays all over Europe, after people are held to ransom by French and Belgium air traffic controllers. In the 80s President Reagan had the union leaders in chains in chains. It is about time essential employees like this (like the police and army) had no right to strike. If you have an employment problem have a look at the hylton-potts website. We would be interested in your comments, please leave them by clicking on the title to this blog above


The costs of divorce are not just financial

Apart from legal costs a couple should bear in mind emotional wear and tear especially if a divorce case goes to Court.  Sometimes over 10% of the assets can be spent in legal fees, producing acrimony and bitterness, which can spill over on the welfare of the children. It should not be forgotten that men can claim against women just as much as women can claim against men, when it comes to assets and income. The Courts are neutral gender and blind when it comes splitting financial assets. Many husbands get a raw deal when it comes to contact, hence

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