Rodney Hylton-Potts looks into marital coercion as a defence It is the statutory remnant of that now-abolished common law presumption that Vicky Pryce, estranged wife of disgraced former cabinet minister Chris Huhne, infamously relied upon before her juries Is the defence of marital coercion an outmoded remnant of Victoriana still embedded in the legal system? Or does it contain progressive possibilities? Ms Pryce’s hung jury suggests that the obscure defence of marital coercion still has legs even in the 21st century. If a wife on the balance of probabilities can show that she has committed an offence in…
This article was first published by Solicitors Journal on and is reproduced by kind permission. See www.solicitorsjournal.co.uk The speed at which information can be shared on the internet could result in you losing control over content you post on social media platforms, Rodney Hylton-Potts The risks posed to intellectual property and brand protection through the use of social media has caused increasing concern. More and more, user-generated content is finding its way to a wider audience than may be anticipated by the user, particularly in relation to photographs and videos. And attempts by providers to impose…
This article was first published by Solicitors Journal on and is reproduced by kind permission. See www.solicitorsjournal.co.uk HMRC has vowed to step up the number of tax evaders it prosecutes Only one Briton was prosecuted for tax evasion in 2012Getty Images The head of criminal investigations at HM Revenue & Customs has issued a stark warning to wealthy professionals that if they cheat on their taxes “you will be caught and dealt with”. The comments by Donald Toon come before the sentencing tomorrow of a senior barrister for failing to pay more than £600,000 of VAT, in one of…
One of my coffee bars has been affected by squatters who moved into the neighbouring property. The owner of the property is not bothered, as he is unable to sell the building. However, their presence is affecting my trade. I have banned them from the coffee bar, customers are going elsewhere. Is there anything I can do? Only the owner of the premises can issue possession proceedings, but you may be able to reach a deal with the owner, perhaps where you agree to contribute to the costs of proceedings to remove the squatters. If you can show you have…
Following recent case in the Technology and Construction Court, the extent of information that employers are able to request of contractors through audit clauses has become a major topic in debates relating to construction contracts. It is important for construction and professional companies to understand what information they are obliged to present to their client employers under an audit clause. Audit clauses in construction contracts have nothing much to do with accountancy. They are clauses that oblige the contractor to provide all sorts of information to the employer and often to allow the employer to send auditors into the…
Rodney Hylton-Potts writes; Historically, in order to achieve fairness between a divorcing husband and wife, the Family Division has been willing to look at the reality of a situation involving companies by piercing the corporate veil. In simple terms, if assets held within a company structure effectively belong to one spouse then orders can and will be made against those assets, especially if the company was used during the marriage to fund the marital lifestyle. In contrast, the Chancery Division approach has long said that piercing the corporate veil is very difficult to do, and can only be done if…
Rodney Hylton-Potts writes; I am looking at auctions and websites selling assets from bankruptcies and insolvencies. Is there anything I should be aware of before bidding? Although some properties are on the market with the aim of achieving a quick sale, you cannot always expect to land a bargain. Start with a specialist agent or an aggregator website where it is easy to compare properties from bankruptcies and administrations. Speak to insolvency practitioners or agents involved with the property. They will provide information about the circumstances of the sale and give you an accurate indication of whether there is a…
Rodney Hylton-Potts writes; Can I unmask a company mole? Some confidential information has appeared in local newspapers about my business and I clearly I have a “mole”. Can I find out who leaked the information, or do I risk breaching privacy laws? Is it worth having a strict confidentiality policy? You can make inquiries to find out who is leaking information and check you have appropriate measures to prevent further leaks in future and to deal with the situation if a leak occurs. It may be that you have some idea of where or who it may have come from…
Rodney Hylton-Potts writes; I work for a large company and have recently become involved in my spare time with the BNP. My line manager has suggested that it might cost me a promotion and future career prospects if I remain a dedicated campaigner. Apparently, my views have upset someone higher up. Can they do that? Yes. The European Convention on Human Rights (ECHR) impacts on the extent to which UK law protects discrimination on the grounds of political beliefs. The issue was raised by a court case involving a bus driver who was dismissed when he was elected as…
Rodney Hylton-Potts writes; The Court of Appeal have ruled the Civil Procedure Rules should be interpreted rigorously, and the mere fact that an individual is unrepresented in the proceedings will not mean that they will attract any special treatment by the courts. In Tinkler and Another v Elliott, the unrepresented party was defending a claim for damages and an injunction against him by his former employers. The end of the business relationship between the parties had been acrimonious with Mr Elliott making various accusations about their working practices. The disputes had been initially compromised by a Tomlin Order which prevented…
