Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


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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Court Rejects Claim for Share When Couple Break Up

When a couple break up, the division of the assets they own is often problematic, whether they are married or not. In a recent case, the Court of Appeal was asked to consider the appropriate division of assets when an unmarried couple broke up after being together on and off for more than a decade. The couple began living together in 1992, then separated in 1995. In 2001, they got back together, living in the man’s house until 2002, when they bought another property in joint names in which they lived until it was sold in 2007. The man was

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Commerical Rent Arrears

Commercial property update This first appeared in the Solicitors Journal in October 2013 as is reproduced with their permission Magnus Hassett looks at the forthcoming changes to the rules on recovery of commercial rent arrears, the introduction of a period of temporary rates relief for empty new build commercial property, and HMRC’s recent clarification of last year’s VAT changes, affecting landlords who let out property for storage purposes The common law remedy of distraint for arrears of rent will finally be abolished on 6 April 2014, when the commercial rent arrears recovery procedure, originally proposed by the Tribunal Courts and

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Husband Who Hid Assets Faces New Settlement

If you have negotiated a divorce settlement and then find out that your ex-spouse has lied about personal finances, the court can reopen the matter. In a recent hearing, the judge decided that a businessman had not been entirely truthful when he made his financial disclosures. His ex-wife claimed that her ex-husband had substantially undervalued his assets, by claiming that shares he owned in a company had no value, when they were worth more than £700,000. In addition, she claimed that he had failed to disclose other investments he held that were worth more than £800,000. The wife successfully applied

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Seeking agreement on prenups

First published in the Solicitors Journal for 11th March 2014 and reproduced with their kind permission   Ring-fencing inherited assets, separating out property owned before the marriage, keeping business interests apart; all these are common aims when entering into a pre-nuptial agreement. But is the pure ‘what’s mine is mine’ approach to drafting prenups, in which one party receives nothing at all from the wealthier party on a future divorce, now seriously endangered? State of flux Drafting agreements that deal with unknown future events is difficult. Doing so when the law is in such a state of flux is doubly

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Voice Stress

Councils using controversial lie detector tests to catch benefit fraudsters ‘Voice risk analysis’ being used by 24 English authorities at a cost of millions – despite scientists’ claims that it ‘does nothing’ Local councils are using voice risk analysis software against benefit fraudsters, even though the Department for Work and Pensions has dropped the technology. Photograph: Andreas Rentz/Getty Images More than 20 councils have used or plan to use controversial lie detector tests to catch fraudulent benefits claimants, even though the government has dropped the technology having found it unreliable. Responding to freedom of information (FOI) requests, 24 local authorities

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Freeholder’s legal costs.

 The service charge accounts for my block of flats says various “arrears of service charges” and have  I discovered this refers to the legal costs of using solicitors to chase other leaseholders for arrears. Can a freeholder pass the legal costs of pursuing leaseholders who don’t pay their charges promptly on to leaseholders who do? The answer largely depends on the exact wording  your lease. There must be a specific term permitting the landlord to add solicitors’ and other legal fees incurred in chasing other leaseholders to your service charges. The lease must be contain a clause in clear and

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