Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Is it better to Register as Self-Employed or a Limited Company?

If you want to set up a business in the UK there are several options open to you. Having the choice is good, but it can be a little confusing, so here we will look at the main pros and cons of each option. The Pros of Registering as Self – Employed First the pros, setting yourself up as self employed is stunningly simple. You just need to register the fact you are working for yourself with the tax office. To do this, go to the HMRC website. If you expect to be earning over £5,595 per year you will have

Click Here To Read More…


What happens if a Vehicle gets a Speeding Ticket but you are not sure who was Driving?

If a vehicle registered keeper receives a speeding ticket and it can be conclusively proved that the vehicle was exceeding the speed limit the fine has to be paid and the points assigned one way or another. If you were driving and believe you were actually speeding, the best approach is to accept responsibility by paying the fine and taking the points. However, sometimes you are unlucky enough to end up with a fine that you are not sure is yours. This is particularly the case if your vehicle is used by family and friends or by employees. So, what

Click Here To Read More…


Rented Property is up for Sale but no mention of Tenants in the Ad?

This is an issue that affects many people and possibly worries many more tenants who are living in privately rented accommodation. What rights do you now have if your rented property is up for sale but there is no mention of tenants in the property listing? The simple answer to this question is that you have the legal right to remain in the property until your Lease ends, and the new owner must honour that tenancy. A change of landlord makes no difference to your rights. Do not let the landlord or his agent tell you anything different. If anyone

Click Here To Read More…


Victory for Pilots

Ryanair pilots were regularly placed on unpaid standby at airports for up to four days   In a judgment that risks Ryanair was found to be breaching English employment law. It was also accused of exploiting crew. Brookfield Aviation International, which supplies pilots for Ryanair’s fleet, was denying pilots basic rights, a case at the Mayor’s and City of London Court found. Lawyers acting for the Irish Airline Pilots’ Association, which represented four pilots, argued successfully that Ryanair cockpit crew were unfairly penalised when they left short of their notice period. One pilot faced a €5,000 (£4,320) penalty for leaving

Click Here To Read More…


Assessing loss suffered as a result of a freezing injunction

25 July 2013 This article first appeared in the Solicitors Journal and is reproduced with their permission. A recent case has shed welcome light on the correct measure of loss following the discharge of an injunction, says Ruth Hughes The way losses suffered as a result of a freezing order should be assessed was considered most recently in Abbey Forwarding Ltd v Hone [2012] EWHC 3525 (Ch). The case involved an inquiry as to the amount recoverable by three former directors of Abbey Forwarding Ltd from Abbey pursuant to the undertaking in damages that the company had given when it

Click Here To Read More…


Workers in “same employment”

Supreme Court North and  v Dumfries, Equality and Human Rights Commission intervening This is an important decision of the Supreme Court affecting equal pay rights. Judgment June 26, 2013 When considering whether men who worked at a different location were in the “same employment” as women who were claiming sex discrimination, the hypothesis was that the chosen male comparators be transferred to do their present jobs at the location where the women claimants worked and there was no requirement that there be a real possibility that such a transfer would occur. The Supreme Court so held in allowing an appeal

Click Here To Read More…


Can a Wife Legally Take the Children if She Moves out prior to a Divorce?

In the UK, 93% of children whose parents have separated live with their mother rather than their father. As a result, many people tend to assume that mothers automatically have a stronger parental right than fathers. They tend to think that the children belong with the mother. Therefore, if the mother leaves the marital home most people expect that the children to automatically move out with her. What the Law Says In reality, the law does not support this commonly held view. Both parents should be involved in deciding where the children live. This is because of something called Parental

Click Here To Read More…


What Happens to Step Children in a Divorce?

In the UK, 45% of first marriages end in divorce and 31% of second time marriages end in the same way. Sadly, children are involved in many of these divorces, including stepchildren. Despite this, the subject of what happens to stepchildren in a divorce is not one that is discussed much or understood. Here we will take a brief look at the subject. Staying Involved Many stepchildren want to keep in contact with their stepparent. Although there is no biological bond most stepparents and children form close relationships, which they value and want to maintain. However, the child’s birth parent

Click Here To Read More…


Advising clients offered equity in a business

First published by the solicitors Journal and reproduced with their permission. Most clients will be enthusiastic about being offered equity in a business; you role as their adviser is to make sure this is not a poisoned chalice, says Jonathan Silverman Not infrequently I am consulted by a client who is already working in a business in some capacity or other, who has been approached by the proprietors offering some form of equity participation. One of your dilemmas as a practitioner is the extent to which you should offer practical commercial advice as against simply explaining the legal formalities surrounding

Click Here To Read More…


UK Mothers do not have an Automatic Right to Custody of Children

In the UK, 92% of children whose parents have broken up live with their mothers. This is despite the fact that the laws surrounding who gets custody of children do not stipulate the gender of the parent the children should reside with, and never has. In law it is the children who have the right to have contact with both parents. How This Situation has Come About? The practice of awarding custody (these days called a Residence Order) to the mother over the father has come about mostly because of the way society views mothers, rather than what the law

Click Here To Read More…