Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


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.


Ex-partner has his mail sent to my house, now I’m being investigated for Benefit Fraud

Question: My children’s father who I broke up from about 3 years ago has his mail sent to my council house. He does not live here and has not lived with me ever in this property as I have been here for about 2 years. I didn’t think this was an issue and now I’m not so sure since I received a letter from the DWP telling me I was being investigated for benefit fraud. My credit rating is terrible so in return for him having his mail come here as he lives with his mum and her partner who

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Human rights

Today’s Times is must read Section 2 page 61, but why wait for the election Legistate now, Give the Supreme Court the power to overide EC Human Rights law madness, as we were told was always intended.  


LEGAL COSTS CLAIMED FROM THE OTHER SPOUSE OR CIVIL PARTNER

Parties to a marriage or civil partnership can obtain an Order for a one-off payment, or instalments from the other spouse or civil partner to cover their legal costs.   Now that Legal Aid has been pretty well withdrawn, this becomes a useful tool, apart from interim maintenance pending the final hearing.   Rubin v Rubin [2014] EWHC 611 (Fam) is helpful.   If you need help to get legal costs from the other party to a marriage or civil partnership look no further.   Consult Hylton-Potts, the experts who offer fixed fees, and give excellent value. We operate a

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Like Doctors

We are not doctors, but know that the impact of our legal work can be as important and life changing as that of a surgeon. We are informal and approachable, but deadly serious about helping you, just like a top surgeon.


Need help and advice about the Benefit Fraud Interview process and what happens next

Question: Hopefully you can help, I’m getting in touch about one of my clients. I work as a carer and I’m really worried for them. I’ll try and give you as much background into this as I have been able to find out from them, so hopefully you’ll know what I need to do if anything. She received a letter from the Job Centre plus which said she would need to attend an interview about her Income support and Housing Tax Benefits. From memory, the letter also stated that they believed there were good grounds for suspecting she’d committed an

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I’m being taken to court because I had savings beyond the legal limit

Question: I technically knew that my savings of £23’000 would impact my ability to claim benefits, but since these are my life savings. I knew they’d soon be exhausted and I’d be left with nothing for my retirement which is only a few years away now. I was interviewed already and told that because I had savings over the £16’000 threshold, this would mean I would have to go to court. I’m now awaiting a trial date and I’m worried I could lose all of my savings now and be left with nothing. I really don’t know what to do

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