Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Do lesbians in a civil partnership who "divorce", have to pay child support even if the child is not their biological child?

Question: My sister has been together with her partner in a civil partnership and helped to bring up her child that she had with a previous male partner before they met. Things have not been right between my sister and her partner for some time and I personally think they may break up. However I’m worried that her partner may look to ask her to pay child support even though the child is biologically not her child and nor did she adopt the child. I do not think it is fair that she would be expected to contribute towards the

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Advice about Marriage, Transition and Civil Partnership in the UK

Question: Hopefully you can help me as I’ve been looking around for some help and advice about a particular issue which affects my family. My son has been openly cross dressing for a number of years throughout his teens and twenties. He met a lovely young lady and they got married so we assumed he’d gotten over this. His wife knew about all this before they got married and never had a problem. My son has now decided after talking to his wife that he should like to have the gender change surgery but remained together. They are happy with

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In the UK, how would one dissolve a civil partnership when the other spouse has deserted the person for 5 years?

Question: My sister got into a civil partnership with a girl from America. They’d met each other online before the girl came over to the UK. She was only on a visit visa at the time but things fell apart after a few months and the girl decided to go back home after only 6 months as she didn’t extend her visa. They did speak briefly afterwards and planned to give things another go. But the distance got in the way and within a few months they talked less and less and eventually the couple lost touch with each other

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Commercial Property Rent Arrears.

The common law remedy of distraint was abolished on 6 April 2014, when the commercial rent arrears recovery procedure is brought into effect. From 6 April 2014, landlords must to follow a fixed, rigid process if they want to seize goods to pay rent arrears. the process can only be used where the lease is of commercial property only. a landlord must give a tenant written clear days’ notice of  intention to seize goods; the process applies only to arrears of principal rent, interest and VAT – not insurance or service charge entry to commercial premises will be possible between

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Hacked Emails

There has been a successful attempt to infiltrate my staff, supplier and clients’ email accounts and database. Does that mean that I have breached data protection and privacy laws? The Data Protection Act 1998 (DPA) requires that “appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data”. There has been a breach of this. The Information Commissioners Office (ICO) has taken action against a number of organisations that suffered similar attacks. The preconditions for the ICO to demand a fine are: A. there was a serious contravention B. it was likely to cause substantial

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Muslim Waiter

A Muslim waiter at my hotel refuses to serve guests alcohol. What can I do to? If the refusal to serve alcohol cannot be accommodated by altering the duties of other staff, you would be justified in turning down a request to opt out of serving alcohol, and if necessary you could sack him without losing a claim at an Employment Tribunal While this could be seen as religious discrimination, putting a Muslim at a particular disadvantage , you will have a defence against such a claim, even if this meant the person could no longer work for you. In

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Court of Appeal Decides Anglo-American Child Residence Battle

Relationship break-ups where the couple are of different nationalities often present particular difficulties for the courts – especially where the custody of children is in dispute. A recent case involving an American father and his British ex-wife illustrates the sorts of issues that can arise. The couple married in the USA in 2006. They had a son, but by 2008 the husband had petitioned for divorce and the couple were divorced in 2010. The mother had returned to the UK with their son in 2008. The father was given custody of the couple’s child by an American court in 2010

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Credit Ratings Agencies’ Blacklisting

If a supplier or Finance Company notify credit reference agencies that you have defaulted and your name has been blacklisted, we can help. If your reason for non-payment was legitimate (e.g. the computer you bought did not work, or the car on lease or HP broke down) can have your name cleared and claim substantial damages. Consult Hylton-Potts, the experts who offer fixed fees, and give excellent value. We operate a free and confidential 24 hour email service. Just click on [email protected] or, during office hours, there is a free and confidential legal helpline 020 7381 8111.


Credit Ratings Agencies' Blacklisting

If a supplier or Finance Company notify credit reference agencies that you have defaulted and your name has been blacklisted, we can help. If your reason for non-payment was legitimate (e.g. the computer you bought did not work, or the car on lease or HP broke down) can have your name cleared and claim substantial damages. Consult Hylton-Potts, the experts who offer fixed fees, and give excellent value. We operate a free and confidential 24 hour email service. Just click on [email protected] or, during office hours, there is a free and confidential legal helpline 020 7381 8111.


Divorce – Equal Division of Assets Not Always the Right Solution

An equal partition of assets is not always appropriate, as was illustrated by the Court of Appeal’s upholding of a judge’s decision to award 70% of a former couple’s capital assets to the wife, owing to her lesser earning capacity and child-rearing role. The husband argued that his ex-wife’s award had left him facing the prospect of having to work more than 40 hours a week in order to meet his commitments to her and to provide an adequate income for himself. He argued that this would have a serious impact on his level of contact with their three-year-old daughter.

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