Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


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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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.