Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Divorce and a Bag of Sweets

Francis Gibb the respected Editor of The Times thetimes.co.uk highlights the proposals to streamline divorce where no money claims are involved and where the couple have no children. This would also apply to civil partnerships. The reality is this is what happens already. The focus should be elsewhere. Where money is involved there is a standard requirement to file a Form “A” which sets a timetable for a number of steps including the infamous Form E which is a long and boring process attaching a year’s bank statements and credit cards and involving valuations of homes and businesses etc. It

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The Dreaded Form E

Lord Justice Thorpe reminded us recently that everybody in divorce cases lie.  That may be overstating it, but many do and there are no prosecutions for perjury.  So approaching things on that basis with a degree of cynicism one looks at a wealthy individual, usually the husband, with his Form E.  The Solicitors Journal www.solicitorsjounal.com reminds in its 17 June issue, that a it is necessary to have a competent and experienced divorce lawyer. Social network sites such as Facebook, Twitter and LinkedIn can lead to a wealth of information. Photographs of venues, spending habits, exotic destinations etc are there

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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.


The Hacking Trial and Contempt

David Cameron, not for the first time offending the judiciary, made comments on the conviction of Andy Coulson while the jury were still considering outstanding charges against him. This is clear contempt. There was no need as No. 10 claims for a news blackout or any special order. It probably means that there will be no retrial on those charges. If it was you or I, we would be “Up before the beak” in record time. Cameron got a letter. Ken Clarke said that David Cameron’s remarks were unwise but the thought that he may have been in contempt of

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Truancy and weddings

The Daily Mail dailymail.co.uk tells us a mother is prepared to risk prison for taking her son out of school for her wedding. She need have no fear.  It is permissible and lawful to take a child out of school for exceptional circumstances and what could be more exceptional and important than a wedding of a parent. The school, which incidentally is a Church of England and should know better, have made unlawful threats which hopefully will not spoil a great day. One thing is certain.  Children are always “trouble” in the nicest way and a good family lawyer at

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I’m a single mum at University and I’ve been accused of Benefit Fraud

Question: I’m a single mum with 3 children, receiving income support, housing and council tax benefit. I started uni last year and informed the DWP of this. I was told that student finance needs to assess my circumstances and then they’d send my NI number through to DWP. However three days ago I received a letter stating that they have reasons to believe that I may have committed a crime as I was claiming both income support and student finance!? The letter states that they wont discuss anything over the phone and advises me to seek legal advice which is

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The Hacking Trial and Contempt

David Cameron, not for the first time offending the judiciary, made comments on the conviction of Andy Coulson while the jury were still considering outstanding charges against him. This is clear contempt. There was no need as No. 10 claims for a news blackout or any special order. It probably means that there will be no retrial on those charges. If it was you or I, we would be “Up before the beak” in record time. Cameron got a letter. Ken Clarke said that David Cameron’s remarks were unwise but the thought that he may have been in contempt of

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Consultancy Agreements

Self-employed consultants and the people/companies to whom they consult, must take care when drafting their agreements, not to end up being an employee.  Apart from tax issues, watch that the consultant in fact does not have the protection of an employee, as this can be most disadvantageous, to the person receiving the services. This can even happen when the consultant operates via a limited company. Consult the experts.  Competitive fixed fees.  hylton-potts.com


Backroom Preparation for Spectacular Legal Victories

Rebekah Brooks, praised her legal team and in Kingsley Napley (founded by a former Law Society President Sir David Napley who excess fully defended Jeremy Thorpe) and Jonathan Laidlaw QC her team was formidable (see ft.com June 25) When a witness “breaks” under cross examination and a trial changes, (more often with humour than many people realise) it is almost always as a result of meticulous backroom preparation. Private before the trial, Scenarios are discussed, rehearsals take place, and in court what looks spontaneous is in fact highly practised and nuanced. By way of an illustration, Boris Johnson is a

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The Banker’s Fine for Truancy

The Banker who is refusing to pay the fine issued by the local education authority because he took his children to the USA for a family memorial service, deserves all our support thetimes.co.uk (30 June 2014). He is arguing that to take his children out of school was an exceptional circumstance, meaning that the rules on truancy do not apply. The Judge should not impose that rules which are subject to the Human Rights Act, and in a contract between the school and a parent the terms and conditions have to be reasonable, or are unenforceable, just like the ‘small

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