Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Domestic Violence Intervention Project

Are you being abused by your family or your partner? Do They Check your Mobile Phone Say things to scare you to give them what they want Get angry when you spend time with friends/family Call you hurtful names Threaten to spread nasty rumours about you Take their anger out on you Slap, Hit or Push you The answer is simply YES you are being abused Both parties can get help Violent Prevention Programme This Respect Accredited groupwork programme has 26 structured sessions designed to help men to understand why they have used abusive behaviour, how they can change this,

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The Essentials of Employment Tribunals

If you are involved in an employment tribunal claim it is vital to familiarise yourself with the relevant legal requirements before proceeding. For more information, you should also read our systematic guide of what to do next, or contact us via our free legal helpline. Independent judicial bodies are responsible for dealing with employment tribunals and claims that relate to employment rights that arise from them. Generally, any decision made by an employment tribunal will be legally binding. Appeals are rare, but in some circumstances, permission to appeal may be granted. The different types of claims A raft of employment legislation

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I’m being threatened with court action if I do not repay a tax credit overpayment within 12 months! Can I do anything to stop them?

Question – “I received a bill from the HMRC who said I had been overpaid around £18,000 in tax credits. When I spoke to someone on their debt management team, I was told that this had to be paid over the next 12 months or I would be taken to court. This is really worrying me as I am already struggling financially as it is! Because I am considered a higher-earner (at £46,000 per year), this is the reason why I am being given such a short period of time to make the repayments. I know it’s my fault for

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Muslim/Islamic Marriages

Social Media Sites Spouse can get a Court Order served on Facebook Twitter or LinkedIn, Google+ and Flickr to obtain information that the user would normally hope to keep secret. The user is not informed, and a huge amount of personal information can lead to discovery and recovery of hidden assets. Disclosure and Search Orders show where money has been moved and Tweets, Facebook and LinkedIn messages uncovering. Orders can be obtained against banks without the account holder knowing and digital currencies like Bitcoin are no longer safe from scrutiny. Expert advice is essential. Consult Hylton-Potts, the experts who offer

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I received an overpayment of tax credits because of their mistake. Now I’m being taken to court because I cannot repay them. What can I do?

Question – “Between 2002 and 2007 I have received various statements totalling more than £4,500 from the tax office which they say I need to repay as soon as possible. Their reasons range from me making late self-assessment payments to not putting a decimal point in the figure in the correct place – though I feel that it is hopeless trying to find out exactly what the problems are. Unfortunately I am a bit computer illiterate and therefore have found it really difficult to complete the online forms. They are complicated to understand for someone like me and I don’t

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Charging Interest on Late Payment

Charging interest on late payments can be a useful way of getting your customers to pay you promptly, and also means that if they pay you late you do not lose out. There are two ways in which you can charge interest on a late payment: statutory interest – the Late Payment of Commercial Debts (Interest) Act 1998 (as amended by the Late Payment of Commercial Debts Regulations 2013 and the Late Payment of Commercial Debts (No 2) Regulations 2013) (the Act) gives a supplier the right to claim interest from a customer who fails to pay their bills on

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I’m being taken to court following an error with my self-assessment earnings. Do I really need to make these tax credit repayments?

Question – “I, perhaps somewhat foolishly, continued to claim tax credits a few years ago whilst running a self-employed business from home when I was struggling a bit financially. At the time it was the only way I could keep the business afloat. Now I have the tax credits department on my back trying to reclaim the money from me – around £5,000 which is 3 years’ worth of claims. However, as I had a delayed self-assessment form dating back through this time, I thought that this figure could be wiped away – if not money even could be owed

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Can he use a chat in the pub?

I just sacked someone.  We had a conversation before that, in a pub where it seemed his departure was a mutual agreement. He took a few weeks off to consider the offer. However, he is now taking my company to an employment tribunal, claiming unfair dismissal. Can he use this conversation as evidence? The conversation may well be confidential and excluded from use in the employment tribunal.  There is a law designed to prevent such “settlement conversations” being referred to as evidence. The law provides that offers made after that date, by an employer, to end the employment relationship on

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Disqualification as a Director and Shareholding

I own the 50 per cent of a company with my sister. She has been barred from being a director. This has impacted badly on the company. Can I force her to hand over her shares to me? Disqualifications are made where the conduct of a director has fallen below the standard expected of a competent director. Unless there is a provision in the company’s articles requiring a shareholder to be a director, there is no impediment to the shares being transferred. Owning shares gives the shareholder the right to vote at meetings, but this would not constitute management of

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Tax Credit Overpayments and the County Court

A more aggressive stance by HMRC is leading to more tax credit debt being pursued in the courts. The courts sometimes may not realise that tax credit debt should be treated differently to ordinary tax debt. The production by HMRC of a certificate of debt is not conclusive that a tax credit debt is due and unpaid, and the tax credit claimant may be able to use that to their advantage. In recent years HMRC have been taking increasing numbers of tax credit claimants with overpayments to court to collect the alleged debt. Evidently in some cases claimants have not

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