Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Receive Housing Benefit and Working Tax Credits. Being investigated for Benefit Fraud

Question: Hi I hope you can help. My boyfriend has been sent a letter stating that he’s been accused of benefit fraud and that he has to attend an interview under caution. I’m really worried for him as he’s the main earner in our family. Some background on this, I’m a full-time mother and he works full-time. He is on a low income wage and as so, they have been paying us a housing benefit top-up and working tax credits of around £10 a week which isn’t a huge amount but it all helps. My boyfriend and I have two

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Assisted Suicide and the Law

In the case of Lamb & Nicklinson v The DPP, Paul Lamb and Jane Nicklinson asked the Supreme Court to rule that disabled people should have the right to die, rather like Dignatas in Switzerland. There is significant progress for people in this dreadful situation.  The majority of the court ruled that it was within their power to declare that the prohibition on people helping to commit suicide was incompatible with the right to a family life under the European Convention of Human Rights (Article 8). The court has given Parliament a chance to change the law, but if they

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Assisted Suicide and the Law

In the case of Lamb & Nicklinson v The DPP, Paul Lamb and Jane Nicklinson asked the Supreme Court to rule that disabled people should have the right to die, rather like Dignatas in Switzerland. There is significant progress for people in this dreadful situation.  The majority of the court ruled that it was within their power to declare that the prohibition on people helping to commit suicide was incompatible with the right to a family life under the European Convention of Human Rights (Article 8). The court has given Parliament a chance to change the law, but if they

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What happens if the DWP find me guilty of Benefit Fraud? Will they take the overpayments from my suspended Benefit payments?

Question: Hello. My benefits were suspended 8 weeks ago while the DWP investigate me for benefit fraud. I’m innocent in that I have never intentionally gone out of my way to defraud or claim more than I was owed. They haven’t proved me innocent or guilty or let me know what is happening and what the outcome is likely to be. I know if they find me innocent, they will repay all my benefits, but if for whatever reason they find me guilty because of something I’ve mistakenly done whilst filling in some form or other, my question is this…

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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


Compensation for back pain

Frances Gibb the distinguished legal editor of The Times (thetimes.co.uk) highlights in an article, well worth reading of bank worker claiming £1.5million over back pain from carrying pamphlets. This lady was asked to move boxes of brochures from A to B within a bank.  Why stop there?  Anybody with back pain (hard to prove a negative) can be caused by a multitude of things.  Why on earth did she not move the pamphlets in smaller numbers or ask for help? Just because there has been an injury or pain does not mean that someone is to blame but the compensation

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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.


Cross examination of alleged victims of sex abuse

In a criminal trial, the defence barrister or solicitor, is entitled and indeed under a duty to vigorously and if necessary aggressively defend his client’s position. This can involve an alleged victim, (note the word alleged), being subjected to a most uncomfortable or even traumatic experience. That is unfortunate, but the plan to give judges power to limit such cost examination, is completely unacceptable. There are all sorts of other solutions. Giving evidence behind a screen. Video evidence taking place in a room other courtroom, to lessen the stress. Evidence can sometimes be pre-recorded. It is being said by Judges

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Long term sick homeowner and landlord being investigated for Benefit Fraud

Question: Hi, where to start… Yesterday I received a scary letter from the council asking me to attend a formal interview in accordance with the Police and criminal Evidence Act. It says I’m being investigated for Council Tax Benefit Fraud. To be honest, I have no idea if I’m guilty or not as I’m not even sure what it relates to. It says something about criminal proceedings being taken. 3 years ago, I was signed-off sick from work suffering from Depression and Anxiety. I’m still suffering from this, but when I left work, I got a good redundancy payout as

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Farage and Prison

We are told that Nigel Farage has broke electors Law and faces prison. His reported defence is that he relied upon professional advice at the time, this is no defence at all. It may well be good mitigation, but it will not stop him being found guilty if prosecuted. Also attempts to fight criminal charges in the press can backfire. He may want to take specialist advice.