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…
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…
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…
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
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…
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…
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…
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…
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…
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……
